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The defendant's appeal and prosecutor's appeal are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Each statement by the defense counsel (in fact-finding) victims is mutually different through the police, the prosecutor's office, and the court of the court below, and there is no credibility, such as expanding the fact of damage and making an exaggerated statement.
In addition, even in light of the contents of the petition and the written application submitted by the victims several times, the statements of the victims cannot be said to be true.
Nevertheless, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding guilty of each of the charges of this case on the grounds of the statements of the victims without credibility.
B. In light of the fact that each of the instant crimes committed by the prosecutor (unfairly unfair) was committed by the Defendant against the victim E, who committed an indecent act on the part of the Defendant, and inflicted an injury on the F who resisted such act, and that the victims are strongly demanding the Defendant’s punishment, the lower court’s sentence ordering the Defendant to complete the sexual assault treatment program for a fine of KRW 1 million and KRW 20,000 and KRW 20 hours is too unreasonable.
2. Determination
A. In order to reverse the judgment of the court below that recognized the credibility of the victim’s statement, which is the evidence supporting the facts charged in the instant case’s assertion of mistake of facts, the court below’s determination should be sufficiently and sufficiently acceptable. However, even considering the circumstances required in the grounds of appeal, it cannot be seen as a circumstance to the extent that the court below’s determination is not acceptable, such as most of the circumstances already pointed out in the process of the court below’s deliberation and considered in the process of its determination.
In other words, the statements of the victims are consistent, concrete and consistent with each other, and the contents are consistent with the following circumstances that can be recognized by comprehensively taking into account the evidence duly adopted and examined by the court below and the trial court.