All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not commit an indecent act against the victim as stated in the instant facts charged, and there was no intention to commit an indecent act against the Defendant.

Nevertheless, the lower court found the Defendant guilty of the facts constituting the crime, which erred by misapprehending the legal doctrine.

2) The lower court’s unfair sentence of sentencing (one year of imprisonment, two years of suspended execution, and order to attend a course) is too unreasonable.

B. According to the evidence submitted by the prosecutor (misunderstanding of facts or legal principles), although it was sufficiently recognized that the Defendant suffered “the right-hand side noise level of the treatment days” as stated in the facts charged in the instant case, in the course of forcing the victim to commit an indecent act, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine that there was insufficient evidence to acknowledge the causal relationship between the crime and the right-hand side noise level suffered by the victim.

2. Determination

A. The lower court’s determination 1 on the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine 1) The lower court: (a) the victim made a statement about the Defendant’s indecent act at an investigative agency to the point of view relatively specific and consistent in its reasoning; (b) the victim’s statement is somewhat ambiguous in constituting the process of the instant case on the day following the passage of time; (c) the victim’s consistent and solid statement as to the instant indecent act is not impeachment; and (d) the Defendant and the victim planned to live together at the time of the instant crime; (c) however, the Defendant and the victim were 3-4 times from the time of introduction to each other; and (d) the Defendant and the victim were scheduled to live together temporarily upon the introduction of the Defendant and the victim through the middle, even if considering the fact that the Defendant and the victim planned to live together temporarily.