All appeals by the defendant and the prosecutor are dismissed.

1. As to the gist of the reasons for appeal (eight months of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to be sentenced to imprisonment, while the prosecutor filed each appeal by asserting that it is too unfasible and unfair.

2. As stated in the judgment of the court below, the defendant committed a second offense during the period of suspension of execution.

On the other hand, the defendant made efforts to recover damage by depositing 2 million won to the victim in the first instance.

As such, comprehensively taking account of the Defendant’s previous convictions, efforts to recover damage caused by the Defendant’s trial, and the Defendant’s age, sexual conduct, and circumstances after the commission of the crime, the lower court’s punishment is adequate.

Therefore, when considering the factors of sentencing and changes in the circumstances added in the above trial, it is difficult to accept both the defendant and the prosecutor’s argument that the sentencing is unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.