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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant did not commit an indecent act against the victim as stated in the facts charged, the lower court erred by misapprehending the facts.
B. The Defendant asserts that the lower court’s imprisonment (one year of suspended execution in April and forty hours of sexual assault treatment program) is too unreasonable, and the Defendant asserts that the Defendant is too uneasible and unreasonable. The Prosecutor argues that it is too uneasible and unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below in light of the following facts and circumstances, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and it does not seem that there was an error of mistake of facts as alleged by the defendant.
Therefore, this part of the defendant's argument is without merit.
1) The victim consistently makes a statement to the effect that he was forced by the Defendant from an investigative agency to commit an indecent act, as described in each of the facts charged in the instant case, as stated in the lower court’s trial. The victim has consistently made a statement to the effect that he was forced by the Defendant to commit an indecent act from the Defendant, as well as the situation at the time of the crime, or the attitude of the Defendant or the person present at the Defendant (the wife E, the Defendant’s wife, and the Defendant’s seat). This content consists of facts that are difficult to explain without direct experience. There is no specific motive or reason for the victim to gather the Defendant by blocking the human relationship with the Defendant or his wife, who was in close friendly as a resident of the same apartment. Therefore, credibility of the victim’s statement is recognized. (2) According to the Defendant’s card settlement record, the Defendant and the victim asserted that drinking alcohol by the Defendant and the victim, etc. was made a temporary mistake in each of the facts charged in the instant case.
According to the records, the victim's investigation on January 27, 2013 and the police investigation on the date of the crime at the time of accusation.