All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1 did not commit an indecent act against the victim F (hereinafter “victim”) around July 26, 2015, on or around 01:00 on July 26, 2015.

Nevertheless, the court below found the defendant guilty of the facts charged of this case, and the judgment of the court below erred by misunderstanding facts and affecting the conclusion of the judgment

2) The sentence of the lower court’s unfair sentencing (the sentence of imprisonment for eight months, the suspension of the execution of two years, and the lecture attendance order for forty hours) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. 1) In determining the credibility of the statement of the victim, etc. supporting the facts charged, the court below determined the defendant's assertion that the defendant's testimony is reliable, unless the victim's statement, including the victim, is objectively consistent with the facts charged and consistent with the rationality, logic, and rule of experience of the statement itself, or conforms with the witness's statement or third party's testimony. In light of the aforementioned legal principles, the court below's determination on credibility should not be dismissed without permission, unless the victim's testimony, including the victim's witness's statement, is objectively deemed consistent and consistent with the facts charged (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 206Do26214, Apr. 15, 2005; 2006Do36216, Feb. 28, 201).