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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The gist of the grounds for appeal by the defendant and the prosecutor is that the defendant is unfair due to excessive neglect of the punishment of the court below (one month of imprisonment, eight months of imprisonment, 40 hours of order to complete sexual assault treatment programs, 3 years of information disclosure and notification, 3 years of restriction on employment, 3 years of order on employment, and confiscation). The prosecutor is rather unfair because the above punishment is too uneasible.
2. In light of the fact that the Defendant repeatedly commits the same crime and the instant crime was tried for the same crime or committed during the period of suspension of execution, the lower court’s punishment is not easy.
However, it is irrelevant to the fact that the defendant suffered from the disorder of appraisal adjustment, depression, etc., and that the defendant repeatedly commits such crime.
When comprehensively taking into account the circumstances that it is difficult to see that the Defendant’s age, sex, environment, motive and consequence of the crime, and other circumstances that are conditions for sentencing, including the circumstances after the crime, the lower court’s sentence went beyond the scope of discretion in sentencing.
It is difficult to see it.
3. Therefore, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.