A. Defendant 1) The misunderstanding of the facts and the misapprehension of the legal principles are the victims E (hereinafter “victim”), but this was done with the victim’s explicit or implied consent, and there was no indecent act committed against the victim by using the victim’s status as stated in the facts of the crime in the judgment of the court below.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine on indecent act committed by mistake and coercion, thereby affecting the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (the imprisonment of six months, the suspended sentence of two years, the departure service order of 120 hours, and the lecture for sexual assault treatment of 40 hours) 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 part of “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 adopted and examined by the lower court, the lower court’s aforementioned determination is justifiable. In so determining, it did not err by misapprehending the legal doctrine as alleged by the Defendant.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. The Defendant is the primary offender in determining each of the unfair sentencing arguments by the Defendant and the Prosecutor is a favorable circumstance.

On the other hand, the fact that the victim seems to have suffered considerable mental impulse due to the crime of this case, and that the defendant was unable to reach an agreement with the victim until the trial of the party, etc. is disadvantageous.

In addition, there are no special circumstances or changes in circumstances that may be considered newly after the sentence of the lower judgment, and the crime of this case is committed.