The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for two years.

80 hours per the defendant.

1. Summary of grounds for appeal;

A. Although the Defendant and the respondent for the attachment order (hereinafter “Defendant”) committed an indecent act against the victim with the victim’s consent, there was no objective evidence to support the indecent act by force as stated in the facts charged, and there was no objective evidence to support it. The court below found the Defendant guilty of the facts charged of this case by misunderstanding the facts and misunderstanding the victim’s statement that appears to be false or exaggerated at the time of this case. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (three years of suspended sentence of two-year imprisonment) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.

2) The lower court’s dismissal of a request for an attachment order against the Defendant with a high risk of re-offending in light of the method of crime or attitude after committing the crime is unreasonable.

2. Determination on the part of the case of the defendant

A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal in this part, and the lower court’s statement as to the instant crime is specific and consistent with the Defendant’s act, content of damage, perception and reaction of the victim, and circumstances before and after the commission of the crime, and thus, has credibility in its entirety.

In view of the facts charged of this case, the charges of this case were convicted.

2) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court shall not only conform to the rationality, logic, contradiction, or rule of experience of the content of the statement itself, but also conform to the evidence or third party’s statement, such as the appearance or attitude of the witness, and the penance of the statement made in the open court after being sworn at the presence of a judge.