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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence (eight million won, 40 hours’ completion of the course) ordered by the prosecutor by the lower court is too unfased and unreasonable.
B. The Defendant (1) was not guilty of committing an indecent act against the victim as stated in the instant facts charged.
(2) The above sentence sentenced by the lower court is too unreasonable.
2. The lower court determined that the facts charged in this case was guilty by comprehensively taking account of the circumstances acknowledged by the evidence duly admitted and investigated by the Defendant’s assertion of mistake of facts. The victim and F make a statement consistent with the purport that “F was seated only by the Defendant and the injured party at the time of entering the singing room, and F was seated at the victim’s request after entering the said room,” and that “F was seated between the Defendant and the injured party at the time of entering the singing room.” Although the statement on the specific location of the Defendant, the victim, and F was inconsistent with the victim’s statement on the situation after the occurrence of the instant case, it was merely a difference in the statement on the matters that the victim knew as to the situation after the occurrence of the instant case.
G and call made it to the effect that a person attending the above center committed an indecent act on the victim, and among the persons attending the above center, it appears that no other person than the defendant could have committed an indecent act on the victim, and the victim committed an indecent act on the victim G and H, who is the instructor of the above center, and the defendant committed an indecent act on the victim.
In full view of the fact that the Defendant committed an indecent act against the victim as stated in the instant facts charged, the Defendant is recognized.
Therefore, this part of the defendant's argument is without merit.
3. The lower court’s determination on the unjust assertion of sentencing by prosecutors and the Defendant.