All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) did not commit an indecent act by force against the victim E (hereinafter “victim”) as stated in the facts constituting an offense in the lower judgment.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

(2) The sentence of the lower court’s unfair sentencing (the sentence of imprisonment for four months, the suspension of the execution of two years, the observation of protection, and the lecture for sexual assault treatment of 40 hours during the lecture) is too unreasonable.

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

2. Determination

A. (1) In determining the credibility of the statement of the victim, etc. supporting the facts charged, the relevant court shall not dismiss the defendant's testimony without permission, unless the victim's statement, including the victim, is objectively consistent and consistent with the facts charged, in light of the aforementioned legal principles, such as whether the content of the statement itself conforms to the rationality, logical and empirical rule, or conforms to the witness evidence or the third party's statement after taking an oath before a judge, and the appearance or attitude of the witness who is participating in the statement in the open court after taking an oath, and the appearance and appearance of the statement, etc. of the witness who are hard to record in the witness examination protocol, etc. are considered as follows (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 209; 2008Do7917, Apr. 15, 2005; 2016Do262128, Feb. 21, 2012).