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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of facts did not commit an indecent act by deceiving the victim's her amt, as stated in the judgment of the court below.
(2) The lower court’s sentence of unreasonable sentencing (a fine of three million won, order to complete a sexual assault treatment program 32 hours) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, in particular according to the victim C’s investigation agency that can recognize credibility and the statement at the court of the lower court and the court of the lower court, the Defendant may sufficiently recognize the fact that the Defendant committed an indecent act against the
The defendant's assertion of mistake is without merit.
B. In light of the content and circumstances of the instant crime, the nature of the crime is not somewhat weak in light of the judgment on the assertion of unfair sentencing by the Defendant and the prosecutor, the victim is seeking punishment against the Defendant, and the Defendant has the same criminal power.
On the other hand, the extent of the indecent act committed by the defendant is relatively minor.
In addition, comprehensively taking into account the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, previous conviction, and circumstances after the commission of the crime, the lower court’s punishment is not too heavy or unreasonable.
The defendant and prosecutor's assertion of unreasonable sentencing are without merit.
3. The appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.