All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1’s punishment (three years of imprisonment) is too unreasonable and unfair (the Defendant alleged that there was no indecent act by force against the victim, but the Defendant withdrawn the assertion on the second trial date of the trial of the first instance). B. The Prosecutor’s punishment of the lower court is too uneasible and unfair.

2. The Defendant, upon receiving a request from the mother of the victim, who is a woman living together with the victim, committed a forced indecent act on two occasions over the age of the victim, who was living together with the victim at his/her place of residence upon the request to see the victim.

It is not good that the defendant, who is the her mother who shows symptoms of alcohol addiction without her father, was not able to properly look at under the care of the mother, and was well aware of the victim's in-depth and in-depth care and living without her father, is subject to the fulfillment of sexual desire by using the personal trust relationship between the victim and her mother.

A victim, who had been at the time when to build a sound sexual identity, suffered a wound of mind that makes it difficult to recover throughout his life due to the Defendant’s crime, and the Defendant did not receive a letter from the victim and his family members.

On the other hand, there are circumstances that the defendant can be considered as positive factors of sentencing as follows.

The type of force and the degree of indecent act committed by the defendant against the victim is not much severe.

The Defendant, before committing the instant crime, was sentenced to imprisonment with prison labor for a special larceny in 2012 and a suspended sentence of 2 years, has no record of criminal punishment, except for a suspended sentence of 8 months.

The health status of the defendant is not good, such as suffering from hepatitis.

In addition to these various circumstances, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, and the conditions for sentencing, such as the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines (two years to seven months) shall be comprehensively considered.