The defendant and prosecutor's appeal are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts did not commit an indecent act by force against the victim, but the first instance court erred by misunderstanding the fact that the Defendant was guilty of such indecent act. 2) The punishment sentenced by the first instance court of unfair sentencing (two years of suspended execution, etc. in six months of imprisonment) is too unreasonable.

(b)the sentence sentenced by the first instance court (unfairness) of the prosecutor is too unhued and unreasonable;

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the first instance trial, and the first instance court acknowledged the fact that the Defendant committed an indecent act by force by stating the reason in detail, with the title “determination on the argument of the Defendant and his defense counsel” in the first instance judgment.

In a thorough examination of the records of this case, it is just for the first instance court to judge the same based on the evidence of this case, and there is no error of misunderstanding the facts.

Therefore, the defendant's above assertion is without merit.

B. As to the assertion of unfair sentencing, the defendant has committed an indecent act by force against the ageed victim by force. It is recognized that there is an unfavorable element of sentencing, such as the defective nature of the crime, and the victim appears to have suffered a large mental or physical suffering.

On the other hand, it is also recognized that there are favorable factors for sentencing, such as the fact that the Defendant previously committed a sexual crime, the fact that the Defendant did not have committed a sexual crime, and the fact that he did not want to dance with ear and bucking, and that the degree of indecent act is not severe, and that he suffers from anxietys, etc.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, the motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances revealed in the arguments, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and it does not seem to be too light or unreasonable.

Therefore, the defendant.