A. In light of the fact that the statement of the defendant (misunderstanding of facts) is not consistent, and the defendant's elbow part with the left part of the part of the victim's elbow part, etc., the court below convicted the defendant of the facts charged in this case even though the defendant did not have an intention to commit an indecent act. The court below erred by misapprehending the facts.

B. The prosecutor (unfair sentencing)’s sentence of the lower court (4 months of imprisonment, and 40 hours of order to complete a sexual assault treatment program) is too uneased and unreasonable.

2. Determination

A. Examining the evidence duly adopted and examined in the lower court’s determination on the Defendant’s assertion, the lower court clearly erred in its determination as to the credibility of the victim’s statement in light of the content of the lower judgment and the evidence duly examined by the lower court.

there are special circumstances to consider

It is difficult to see that there are exceptional circumstances where maintaining the judgment of the court below on the credibility of the victim's statement is clearly unfair when comprehensively considering the results of examination of evidence and the results of further examination of evidence conducted in the trial of the court below.

We cannot see (see, e.g., Supreme Court Decision 2010Do15765, Jun. 30, 201). Accordingly, we cannot accept the Defendant’s assertion of mistake of facts.

B. In full view of the reasons for sentencing indicated in the Prosecutor’s argument in the instant case’s record, the lower court’s sentencing against the Defendant appears to have been appropriately determined by fully taking into account all the circumstances, including various sentencing grounds asserted by the Prosecutor, and no special circumstance exists to the extent that the lower court’s sentence is modified.

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.