Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles found Defendant 1 guilty of the facts charged of this case, but the Defendant did not commit an indecent act by force against the victim, and thus, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

Even if the court below's punishment (including a fine of 4 million won, and completion of sexual assault treatment programs 40 hours) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. Determination:

A. The following facts and circumstances are acknowledged according to the evidence duly adopted and examined by the court below and the court below, and the court below, as to the defendant's assertion of mistake of facts or misapprehension of legal principles.

① The victim has consistently made a statement since the investigative agency and the court of the court below to the point that the Defendant was using the victim’s sexual intercourse.

② The victim immediately discussed the fact of the damage to E immediately after the victim was indecent.

③ At the same time, E has consistently observed the scene of indecent act in the instant case in the passage inside buses from the investigative agency to the court of the court below.

E, immediately after the occurrence of the instant indecent act, re-verification of the fact of damage to the victim and then the dispute between E and the Defendant occurred, and E reported to the police inside the bus, and after arrival of the destination, E was present in the Young Line and stated again. On the other hand, the Defendant was killed at the lower-class site.

④ The content of the instant indecent act is that the Defendant had committed an indecent act against the victim, and it is reasonable to deem that the Defendant had committed an indecent act against the Defendant in light of the specific form and circumstance of the indecent act as above.