Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not have committed an indecent act by force against the victim and cannot completely memory the crime of this case.

B. The sentence imposed by the court below (two months of imprisonment, 40 hours of order) is too heavy or (the defendant) it is unreasonable to conduct an examination.

2. Determination

A. We examine the defendant's assertion of mistake of facts, and comprehensively examine the evidence duly adopted and examined at the court of the court below, i.e., the following circumstances: ① the victim made a simple statement by the police that he was damaged by indecent act, such as the facts charged, and the defendant seems to have difficulty in doing not directly experience, and judged credibility in making a statement by specifically memorying his behavior and surrounding circumstances at the time, etc., ② the victim's male and female job-friendly C also stated in the police at the time when the victim's statement was made in conformity with the victim's statement; ③ The records of this case alone are not recognized to have committed the crime of this case under the condition that the defendant did not have or lacks the ability to discern or decide the victim's ability to change the object at the time of committing the crime of this case, and thus, the defendant's assertion of mistake of facts is not accepted.

B. The Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor is not only an indecent act by force on two occasions, but also an indecent act by the Defendant, but also an assault case against the victim and his male-child room (the Defendant received a summary order of KRW 2 million in this case) and the Defendant received the police investigation, and the nature of the crime is not very good, and the victim appears to have received considerable mental pain and sexual humiliation due to the instant crime.