All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (six months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too unhued and unreasonable.

B. Defendant 1) The Defendant did not commit an indecent act against the victim as stated in the instant facts charged. The lower court erred by misapprehending the fact that the lower court found the Defendant guilty of the instant facts charged. 2) The sentence sentenced by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the following facts or circumstances are acknowledged.

In other words, the victim made a concrete and consistent statement about the background, contents, and the situation of the indecent act committed by the defendant from the investigative agency to the court of original trial.

② In the lower court’s trial, the witness H stated in the court of first instance that “A victim was aware of his/her intention to become a victim, and the witness was also aware of his/her intention to leave his/her house.” On September 11, 2012, G of the lower court stated that “A witness G of the lower court made a statement that he/she would have been able to take the victim’s hand at the time of the victim’s occurrence.”

③ 피고인은 피해자와의 카카오톡 대화에서 2012. 9. 9. 피해자에게 “깜깜한밤에뽀뽀애기하구어렴풋이멀어지는깡기억나는게전부야ㅠ”라는 메시지를 보냈다.

④ On September 7, 2012, the day following the day in which the instant case occurred, the victim worked at work on September 7, 2012. However, at that time, the victim expressed his/her intention to resign from the child care center to the Defendant, and did not work from September 10, 2012, which is a monthly day, and retired from the child care center.

In full view of the above circumstances, credibility in the victim's statement is recognized, and the defendant has committed an indecent act by force as stated in the facts charged of this case.

The court below is just to have convicted of the facts charged of this case.