Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant and the person who requested the attachment order (hereinafter “Defendant”) did not commit an indecent act by force against a victim, as stated in the facts charged, as the Defendant and the person who requested the attachment order (hereinafter “Defendant”)

2) The sentence of the lower court’s sentence against an unfair defendant in sentencing (a period of three years and six months, etc.) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s sentence against the illegal Defendant is too uneasible and unfair.

2) It is unreasonable for the lower court to dismiss the request for attachment order even if the Defendant’s rejection of the request for attachment order is found to pose a risk of recidivism.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court held that the victim’s statement at the time of the police investigation was not consistent in the time of the crime, frequency, and first width, and that the victim did not make a statement despite his question at the time of the initial investigation (the Defendant’s statement as to the part on which the Defendant made a self-defense) was additionally made in the second investigation. However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court (hereinafter “the evidence of this case”), the victim’s statement at the time of the victim’s police investigation on the crime of this case is deemed to have credibility. In addition to each of the evidence in the victim’s statement, the Defendant’s statement at the time of the victim’s police investigation into the crime of this case can be found to have committed an indecent act against the victim as stated in the facts of the crime of this case, as stated in the lower judgment.

The decision was determined.

① In the first police investigation, the victim stated to the effect that “a school is completed and the defendant sent clothes to the Taekwondo head of the instant Taekwondo Chapter.” The victim stated to the effect that “the defendant was confined to (the injured party)” and in the second police investigation, the victim saw the defendant as to whether the defendant was frighten and frighted and frighted.