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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although there is a misunderstanding of facts with the victim, the defendant did not commit an indecent act by deceiving the victim's chest.
B. The sentence of imprisonment (six months of imprisonment, two years of suspended execution, and 40 hours of an order to attend sexual assault treatment lectures) imposed by the lower court is too unjustifiable and unreasonable.
2. Determination
A. In the judgment of the court below as to the assertion of mistake of facts, the court below rejected the above argument and found the defendant guilty on the grounds of various circumstances as stated in its reasoning in the part concerning "the judgment on the defendant's and his defense counsel's assertion". If the judgment of the court below is examined closely by comparing the above judgment with the records, the judgment of the court below which found the defendant guilty of the relevant part of the facts charged against the defendant is just and it is not erroneous in the misapprehension of facts as alleged by the defendant, and this part of the defendant's assertion
B. In light of the fact that the Defendant committed an indecent act while paying expenses with the victim, and the situation where the victim’s father was involved at the time, etc., the nature of the crime was inferior, and the Defendant appears to have caused a sexual humiliation with the victim as he committed an indecent act before the victim’s father, and the Defendant appears to have been sexual humiliation with the victim, and the victim was not agreed with the victim, and the victim appears to have been punished against the Defendant, etc. are disadvantageous to the Defendant.
Meanwhile, the fact that the defendant seems to have caused the crime of this case by contingency with the victim while drinking alcohol, and that the defendant has no record of punishment for the same kind of crime in addition to the records of punishment once for fraud, etc. are favorable to the defendant.
The above circumstances and other circumstances after the crime of this case, the defendant's age, character and behavior, and others.