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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The grounds of appeal by the defendant 1) The defendant did not commit an indecent act against the victim's chest, and even if the defendant committed an indecent act against the victim in a temporary situation, the court below convicted him of the facts charged in this case despite the defendant's absence of the intent to commit an indecent act because the act itself cannot be deemed an indecent act according to the statement by the victim and witness, even though he did not have the intent to commit an indecent act. 2) The punishment of the court below of unfair sentencing (one year and six months of imprisonment, two years of suspended sentence, two years of suspended sentence, and 40 hours of attendance order for sexual assault treatment) is too unreasonable.
B. The Prosecutor’s grounds of appeal 1) The lower court’s sentence of unreasonable sentencing is too unjustifiable and unreasonable. 2) The lower court’s failure to issue an order to disclose and notify the Defendant’s personal information, despite the absence of special circumstances that may not disclose and notify the Defendant’s personal information.
2. Determination
A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall make an evaluation of the credibility of the statements made by the defendant, taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penance of the statements made by the witness in the open court after taking an oath before a judge, and the fact that the witness's statements made by the witness, including the victim, etc., are consistent and consistent with the facts charged (see Supreme Court Decision 2008Do7917, Jan. 30, 2009). It shall be without permission, unless there is any other reliable evidence that objectively see the credibility of the statements made by the witness, including the victim, are objectively deemed consistent and consistent with the facts charged.