All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Although the Defendant did not have attempted to engage in sexual intercourse by taking advantage of the victim’s impossibility of resisting the victim, the lower court convicted the Defendant of the instant facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. The lower court also asserted that the Defendant’s assertion of mistake of facts was identical to the assertion of mistake of the above facts, and the lower court rejected the aforementioned assertion by providing a detailed statement on the determination.

In light of the aforementioned legal principles and the circumstances revealed by the court below, the court below’s determination is just, and the following circumstances are not justified. Thus, the above assertion by the defendant is without merit.

1) On March 2, 2017, the Defendant: (a) directly reported the original image file stored in the lower drive of CCTV equipment installed within the FJ’s main store (hereinafter the instant main store) from March 2, 2017, the following day of the instant case, and confirmed that the Defendant did not have any image that the Defendant intended to have sexual intercourse with the victim as stated in the instant facts charged; (b) it is technically impossible to delete some of the original image files stored in the said lower disc; (c) thus, the victim’s statement that the Defendant confirmed the video that the Defendant intended to have sexual intercourse as stated in the instant facts charged is groundless. However, in full view of the following circumstances, the Defendant’s above assertion by the Defendant cannot be accepted.

A) CCTVs installed in the instant main points are composed of a camera and a video camera (Dgital Vides Rec). The video recorded is stored as a file on the bottom of the video disc (HardDDk). The video files stored in the video recording machine are different from cell phones.