Defendant

In addition, all appeals filed by a probation order requester and a prosecutor are dismissed.

Summary of Grounds for Appeal

A. Although the Defendant and the person requesting a probation order (hereinafter “Defendant”) did not have committed an indecent act by force on April 2019 or around June 2019 against the victim B (tentative name) or similar act on or around June 2019, the lower court erred by misapprehending the remaining facts dependent only on the statement of the victim without credibility and thereby convicted this part of the facts charged. 2) The lower court’s sentencing (including a provisional order and employment restriction order) of unreasonable sentencing is too unreasonable.

B. According to the prosecutor 1’s statement, etc. of the victim B, which has the credibility of mistake of facts, even if the defendant sufficiently recognized the fact that the victim B and the victim M (alias) committed indecent act on or around June 2018, the lower court erred by misapprehending the facts and acquitted the Defendant of this part of the facts charged. The lower court’s sentencing is unreasonable because the sentencing of the lower court is too uneasible

3. It is unreasonable for the court below to dismiss the defendant's request for probation order even though the defendant's improper dismissal of request for probation order is highly likely to repeat a sex crime.

2. As to the defendant's assertion of mistake of facts

A. The lower court also asserted to the same effect as the allegations in the grounds for appeal. In light of the following circumstances revealed by the evidence adopted by the lower court, the lower court rejected the Defendant’s assertion and found the Defendant guilty of this part of the facts charged on the ground that the victim B (hereinafter “victim”) who was subject to indecent act by compulsion or similarity from the Defendant (hereinafter “victim” in this part) was credibility, even though there was minor inconsistency such as the time and frequency of the crime, etc., but was committed by indecent act by compulsion

① The victim consistently stated that “Around June 2019, when the Defendant was hospitalized at the Defendant’s house, the victim’s fingers were put in the victim’s negative part even though the victim refused to do so,” as to the similarity between the police and the prosecution.

The victim at I around July 2019.