A. The Defendant (1) attempted to photograph the victim F’s body at the time of the instant case, but did not actually take a photograph.

Nevertheless, the court below determined that the crime of this case was consummated, and the court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

(2) The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, the community service order 240 hours, the sexual assault treatment lectures of forty hours, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In the lower court’s determination on the Defendant’s assertion of mistake of facts, the Defendant asserted the same purport as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion in detail on the grounds of the “determination on the Defendant and the defense counsel’s assertion” in the written judgment.

Examining the reasoning of the lower judgment in comparison with the evidence duly admitted and examined by the lower court, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the legal principles as alleged by the Defendant.

Therefore, the defendant's assertion of facts is without merit.

B. A favorable circumstance is that the defendant has no record of being punished for the same offense or of being punished beyond the fine, as to each of the unlawful arguments of sentencing by the defendant and the prosecutor.

On the other hand, it is unfavorable that the victim F would have caused considerable sexual humiliation due to the instant crime.

In addition, when comprehensively taking into account the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., and the various sentencing conditions indicated in the instant case’s records and changes, the lower court’s punishment is too heavy or is deemed unfair as it is difficult to hold the Defendant’s and the Prosecutor’s respective arguments of sentencing are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is justified.