All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The defendant does not commit an indecent act against the victim.

B. The Prosecutor’s sentence (the fine of 5 million won, the order to complete a sexual assault treatment program 40 hours) of the lower court is too unfilled and unreasonable.

2. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion, the lower court’s fact-finding and determination are justifiable, and the Defendant’s assertion is without merit.

The victim and C have made a relatively consistent and detailed statement with regard to the method and side of indecent act from the investigative agency to the court of the court below, and all the circumstances before and after the time of indecent act, etc., and there is no logical inconsistency or conflict with each other, and thus, the credibility of the statement is extremely high (the victim and C cannot be deemed to be credibility of their statements on the ground that they are unable to state or memory somewhat inaccurate after a considerable time after the occurrence of the incident, on the ground that the incidental situation at the time of the occurrence of the case

After the occurrence of the case, the victim and C protested against the defendant about the indecent act against the victim, and requested the death of the victim, and the defendant was punished by the death of the victim on the same day.

C. The Defendant also stated in the investigative agency and the lower court that “C made an indecent act against the victim at the time and place indicated in the facts charged, and exercised violence, and on the same day, the Defendant was deprived of the victim.”

(1) The defendant's assertion that the defendant committed the above act without any reason, and the victim's death on that day was the result of his assaulting C before locking. However, the defendant's assertion cannot be accepted against the rule of experience. The defendant's new sentencing data was not submitted at the trial on the prosecutor's argument on March 3, 199, and there is no change in the conditions of sentencing compared with the judgment of the court below, and the records of this case are recorded.