All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Although it is difficult to recognize credibility of the victim’s statement that conforms to each of the facts charged in the instant case, the lower court recognized the credibility of the statement and found the Defendant guilty of committing an indecent act by force on the part of the victim.

This judgment of the court below is correct because the court below mispers the facts and makes a decision (No. 1's assertion). (b) Even if the defendant had followed the victim's lee-knee-ke-kne-kne-kne-kne-kne-kne-kne-kne

Even if it is difficult to see it as an indecent act in light of its circumstances and circumstances, or it is difficult to see it as an indecent act, depending on the criminal intent of the indecent act (see Article 2). 2) The punishment of the lower court’s unfair sentencing (the 3-year suspended sentence of imprisonment with prison labor for 2 years) is too heavy.

B. Prosecutor’s improper sentencing: The lower court’s sentence is too minor.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of facts, Article 308 of the Criminal Procedure Act, which provides for the principle of free evaluation of evidence (the part concerning the first argument) of the victim’s statement, provides that the probative value of evidence shall be decided by the judge’s free evaluation of evidence is appropriate for the discovery of substantive truth. As such, a judge of the appellate court, who has a prior right to the determination of evidence, should take into account the perception obtained in the trial procedure and the evidence examined in the determination of facts.

In addition, the judge's decision on the probative value of evidence must be consistent with logical and empirical rules, and the degree of formation of a conviction in a criminal trial should be such that there is no reasonable doubt, but to the extent that it is not required to exclude all possible doubts, and rejection by causing suspicions without reasonable grounds that have probative value is beyond the bounds of the principle of free evaluation of evidence.