The judgment below

The guilty part and the victim F, respectively.

Summary of Reasons for appeal

A. Defendant 1) misunderstanding of facts and misapprehension of legal principles (guilty in the judgment of the court below), and each of the charges of indecent conduct against J, D, and E with respect to this part of the charges, the court below erred by finding the Defendant guilty of each of the above charges solely based on the aforementioned statements of J, D, and E, unless there is any particular evidence to find the Defendant guilty in addition to the statements of J, D, and E with no credibility.

B) The lower court’s witness N, who committed abuse at the time and place specified in this part of the charges against J as to the violation of the Child Uniforms Act, did not engage in the same abuse as the above charges.

Although the lower court testified, it was erroneous for the lower court to have found the Defendant guilty of the facts charged solely with the testimony of the J without credibility.

2) The sentence of the lower court’s unfair sentencing (three years of imprisonment, four years of suspended execution) is too heavy.

B. Prosecutor 1) In 208 regarding D’s mistake of facts (not guilty part of the judgment of the court below), the part of the indecent act committed by force around 2008 on December 25, 2010 on the part concerning D’s indecent act and the charges of the indecent act committed by force on December 25, 2010 on E shall be deemed guilty according to D’s statement that the Defendant had witness D’s sexual organ, and D’s statement that the Defendant had witness E’s sexual organ. However, the court below erred in its judgment otherwise.

B) In addition, it cannot be deemed that the Defendant’s act described in each part of the facts charged against F is consistent with the F’s intent as the victimized person. Moreover, since the Defendant’s act as described in each part of the facts charged is considerably damp and forced and constitutes assault that makes it considerably difficult to avoid or respond to it, the Defendant’s act as described in each of the above facts charged ought to be held liable for the crime resulting from coercion.

Nevertheless, the lower court erred in determining otherwise.

2) The sentence of the lower court’s improper sentencing is too minor.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. Article 308 of the Criminal Procedure Act, which provides for the principle of free evaluation of evidence of the victim J, D, and E, is evidence.