Defendant

In addition, all appeals filed by the claimant for observation order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant and the claimant for the order to observe the protective police officer (hereinafter “Defendant”) mispersing the fact, the Defendant, on a personal basis, has written a bridge on the victim’s body in an arbitrary manner, but the victim’s body is not sufficient.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment, etc.) is too unreasonable.

B. Sentencing for prosecutor: The sentence of the lower court is too uneasible and unreasonable.

2. Determination on the part of the case of the defendant

A. As to the Defendant’s assertion of mistake of facts, the Defendant and the defense counsel asserted the same purport at the lower court, and in light of the circumstances acknowledged by the evidence adopted and examined by the lower court (Articles 3 and 4 of the lower judgment), the lower court determined that the Defendant committed an indecent act against the victim as stated in the facts charged.

The judgment below

Examining the reasoning in comparison with the record, the judgment of the court below is just, and there is no error by misconception of facts which affected the judgment.

This part of the defendant's assertion is without merit.

B. As to each of the unlawful arguments of sentencing by the defendant and the prosecutor, the sentencing of the relevant legal principles is deemed to be too heavy or too minor in light of the specific case’s contents.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively taking into account the conditions of sentencing as shown in the court below’s sentencing review process and the sentencing guidelines.

In the event that there are circumstances that maintaining the judgment of the court below is unfair in full view of the materials newly discovered in the course of the appellate court’s sentencing hearing, the appellate court shall render the judgment of the court below unreasonable.