All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Fact-finding (the fact that there is a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Special Act on the Punishment, etc. of Sexual Crimes, the point of special injury, the point of special confinement, and the point of injury to the victim N)) is limited to the fact that the Defendant took the head of the victim D (inn and 59 years of age) up to 2-3 times with the floor of hand. The Defendant did not inflict an injury on the victim as stated in the judgment of the court below, as stated in paragraph 1 of the crime in the judgment of the court below, and the Defendant did not have committed an indecent act by force against the victim or prevented the victim from getting out of sing.

Nevertheless, the judgment of the court below which found the defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by special coercion), special bodily injury, and special confinement is erroneous.

The defendant does not inflict any bodily injury upon the victim N.

Nevertheless, the court below erred by misunderstanding the facts.

2) The Defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of committing this part of the crime. (The charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the charge of special injury, and the charge of special confinement)

Nevertheless, the judgment of the court below which did not reduce the mental disorder is erroneous by misunderstanding the facts or misunderstanding the legal principles.

3) The punishment sentenced by the lower court (seven years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination:

A. Determination on the Defendant’s assertion of mistake of facts 1) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court related to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Special Act), special injury, and special confinement, the victim D as to each of the charges in this part, based on the evidence duly admitted and examined by the lower court.