All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant: mistake of facts (the Defendant did not force the victim E by force) and unfair sentencing. B.

Prosecutor: 2. Determination of this Court

A. In light of the difference between the first instance court and the appellate court’s method of assessing the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance court’s judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the evidence examination conducted by the first instance court and the evidence duly examined by the first instance court, unless there are exceptional circumstances where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance is considerably unreasonable in full view of the evidence examination results conducted in the first instance court and the result of additional evidence examination conducted by the time of closing argument of the appellate court, the appellate court should not reverse without permission the first instance court’s determination on the credibility of a statement made by a witness of the first instance court solely on the grounds that the first instance court’s determination on the credibility of a statement is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313).

In the instant case where it is difficult to view that maintaining the judgment of the first instance court is considerably unfair even if the result of an additional examination of evidence was conducted by the time the arguments in the trial or by the time the arguments in the trial are concluded, the first instance court's decision that found the Defendant guilty of the instant facts charged is acceptable based on such evidence, and there is no illegality such as misunderstanding of facts that affected the judgment, and thus, the Defendant'

B. As to each of the grounds for unfair sentencing, the defendant.