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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of facts did not have committed an indecent act by deceiving the victim's her son.
(2) The lower court’s sentence of unreasonable sentencing (fine 10 million won, 40 hours to complete a sexual assault treatment program, and 2 years to disclose and notify personal information) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. The Defendant alleged that the above assertion of mistake was identical to the above assertion of mistake of fact, and the lower court rejected the above assertion in its reasoning under the title “judgment on the Defendant and the defense counsel’s assertion”. In light of the circumstances as stated by the lower court and the following facts recognized by the evidence duly adopted and investigated by the lower court, the lower court’s aforementioned determination is justifiable.
① During the police investigation process, the Defendant stated, “Along with the fact that: (a) he paid admission fees, drink, dance, and play the toilet; (b) why I am am her son her am her son her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her.
② The victim consistently stated that he/she received her but not her but her but her but her bet and her bet in his/her fingers.
(35 pages, records of evidence, etc.). (b)
Despite the fact that the degree of an indecent act on the assertion of unfair sentencing is relatively minor, contingent crimes are shown to be committed, and the defendant supports the mother of selling alone, even though the defendant had been punished by a fine of three million won in 2010 and one year of suspended execution in 2014 due to quasi-indecent act, the instant case is during the period of suspended execution, even though he/she had a record of being punished by a imprisonment of one year in 2014.