Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Notwithstanding the absence of credibility, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant 1”), the lower court convicted the Defendant on the grounds that there was no credibility, and the lower court erred by misunderstanding of facts. 2) The lower court’s sentence of unfair sentencing (one year of imprisonment, 80 hours of order to complete sexual assault treatment programs, 5 years of disclosure and notification order) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence is unreasonable as it is too uneasible and unfair. 2) It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order against which the lower court’s dismissal of the attachment order is likely

2. Determination

A. In light of the following facts and circumstances acknowledged by the evidence duly admitted by the court below's determination on the ground of erroneous determination of facts, the court below's determination that the victim's statement was credibility is just and acceptable. There is no illegality in misunderstanding of facts as alleged by the defendant, and the defendant's ground of appeal on this part is without merit.

① 피해자는 수사기관에서, “나한테 아줌마하고 불렀어요. 아줌마, 두 번 불렀어요.”, “고사리 준다고”, “방에 들어왔어요. 술 먹었어요. 혼자”, “방 들어와서 앉아서 혼자 병 따서 혼자 먹어요. 이렇게 마셔요.”, “이게 가만있응게, 나 혼자 텔레비전 보는데 가만있는데”, “뽀뽀 같은 거 할라고 하는데 안 한다고.”, “머리, 뒤에다 머리 잡았어요.”, “뒤에서 이렇게(두 손으로 양쪽 가슴을 주무르며)”, “남자가 바지 벗어요. 군인 입은 거요. 군인 바지요”, “남자가 나 옷 벗어요. 나 벗으라고 그랬어요. 이렇게 내렸어요(바지를 위에서 아래로 쓸어내리며), 바지랑 빤스랑”, “예, 내 성기에 ”, “했어요.”,"여기 아래 (고개를 숙이며) 남자가 꼬추를...