All appeals are dismissed.

The grounds of appeal are examined.

1. Examining the reasoning of the Defendant’s appeal in light of the evidence duly admitted by the lower court and the first instance judgment maintained by the lower court, the lower court’s determination that the Defendant was guilty of the facts charged in this case on the grounds stated in its reasoning is justifiable

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on forced indecent acts, without exhausting all necessary deliberations as alleged in the grounds of appeal.

In addition, the argument that the defendant's act constitutes a justifiable act is not a legitimate ground for appeal, since the defendant's act was asserted as the ground for appeal or the court below did not consider it as the object of judgment ex officio.

2. As to the reasons for the prosecutor’s appeal, it is interpreted that the matters provided in Article 51 of the Criminal Act and whether the circumstances before the opening are significant belongs to the court’s discretion regarding the determination of punishment widely. As such, in principle, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, the court of final appeal cannot decide whether the lower court’s judgment as to the suspension of sentence and whether the circumstances before the opening of sentence are obvious, and the lower court’s judgment was significantly erroneous.

Even if there is no different view (see Supreme Court Decision 2001Do6138 delivered on February 20, 2003). Therefore, the Prosecutor’s ground of appeal is merely against the lower judgment on the ground that the amount of punishment imposed by the lower court is unreasonable, and thus, it cannot be accepted.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.