Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles did not intend to have a sexual intercourse with a victim as stated in the facts constituting an offense in the original judgment at the date, time, place, and place as indicated in the original judgment. However, this does not constitute force, but was conducted with the victim’s implied consent, but the court below found the victim’s statement as guilty of the facts constituting an offense in this case. The court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment. 2) The punishment (one year and six months, etc.) sentenced by the court below is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the lower court also asserted the same purport as this part of the grounds for appeal, but the lower court acknowledged the credibility of the victim’s statement under the title of “the Defendant and the defense counsel’s assertion” and determined that the Defendant attempted to have sexual intercourse with the victim by force as in the instant facts charged but failed to achieve that intent, and convicted the Defendant of the facts charged

If the judgment of the court below is made based on the precedents, rules of evidence, and evidence on the criteria for determining the credibility of the statement of a person claiming sexual assault victim, the judgment of the court below shall be justified, and there is no error of law that affected the conclusion of the

The crime scene of this case, where the defendant's defense counsel taken a video image and viewed the scene of the crime of this case at the court of the trial, is the screen for male public toilets in parks where a house is located, and the situation or place itself is not favorable to the defendant in light of the facts charged of this case.

In addition, the circumstances acknowledged by the court below based on the evidence duly admitted and investigated and the court below additionally admitted the evidence as follows.