All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The victim’s statement concerning the facts charged in this case of mistake of facts is not clear and consistent, and there is no credibility because it does not conform to the empirical rule. Nevertheless, the lower court which recognized the credibility of victim’s statement, etc. and recognized the facts charged in this case erred by mistake of facts. 2) The sentence (five years of suspended sentence for imprisonment with labor for three years) sentenced by the lower court is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant is too unhued and unreasonable. 2) It is unreasonable for the lower court to exempt the Defendant from the order to attend lectures, barring special circumstances where the Defendant cannot impose an order to attend lectures.

2. Determination:

A. The lower court found the Defendant guilty of the instant facts charged by recognizing the credibility of the victim’s statement on the grounds of the following circumstances.

- The victim stated the core part of the facts charged in this case in an investigative agency and a court specifically and consistently.

The statement of the victim contains detailed information about the situation of appraisal, the statement and behavior of the defendant, and the situation before and after the crime, when it is difficult to make statements without direct experience.

- C, F, E는 수사기관 및 원심법정에서 “피고인과 피해자가 서로 마주보고 상대방의 옷을 움켜쥔 채 앉아 있었고, 피해자의 티셔츠는 목에 걸쳐져 피해자의 가슴과 등이 모두 드러난 상태였으며, 피고인은 피해자의 가랑이 사이에 발을 꽉 끼워 넣고 있었다”고 진술하였다.

- At the time, F made a statement that “The Defendant was holding the Victim in his custody, and expressed that “the Defendant was able to engage in sexual humiliations with the content of “patched and adhered to it.”

The circumstances stated in the judgment below as above and the evidence duly adopted and examined by the court below are revealed.