All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The facts charged against the Defendant (legal scenarios and mistake of facts) are that the facts charged against the Defendant were confined to several times from April 23, 2013 to June 17, 2013. Since the facts charged were not specified, the instant indictment of this case is null and void. Therefore, the lower court’s judgment convicting the Defendant of the instant facts charged against the Defendant, even though it was necessary to render a judgment dismissing the public prosecution, is erroneous in the misapprehension of legal doctrine. 2) The Defendant did not have any misunderstanding of facts in the taxi operated by the Defendant.

Nevertheless, the judgment of the court below that found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

B. The prosecutor (unfair punishment) sentenced by the lower court to the Defendant (one year of imprisonment, two years of suspended execution, and 80 hours of lectures for sexual assault treatment) is deemed too uneasy and unfair.

2. The summary of the facts charged is a person who works as a taxi driver belonging to the large transportation business.

From April 23, 2013 to June 17, 2013, the Defendant committed an indecent act by forcing the victim’s panty line above the victim’s panty line on his hand in the instant taxi by demanding the victim’s staff to leave the taxi in the first grade of elementary school by requesting the victim’s staff at the first grade of elementary school.

3. Determination

A. The purport of Article 254(4) of the Criminal Procedure Act, which requires that the Defendant be equipped with specific elements of the facts charged, is to facilitate the exercise of defense by specifying the scope of the Defendant’s defense. As such, it is sufficient that the facts charged are stated to the extent that specific elements of the crime can be identified in a way that the specific facts constituting the elements of crime can be distinguishable from other facts, and the “date” of the crime as referred to in the above legal provision is a double indictment or prescription.