All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

The defendant did not commit an indecent act against the victim.

The sentence of unfair sentencing (one-month imprisonment, one-year suspension of execution, 40 hours an order to attend a sexual assault treatment lecture, 80 hours an order to provide community service) of the lower court is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court of the determination of the mistake of the facts by the defendant shall evaluate the credibility of the statements made by the victim, etc., taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penance of the statements made by the witness in the open court after being sworn before and after being sworn by the judge, as well as the appearance and attitude of the witness, and the penance of the statements made by the witness in the open court. In a case where the statements made by the witness, including the victim, are mutually consistent and consistent with the facts charged, they shall not be dismissed without permission unless there is any separate evidence that may objectively deem the credibility of the statements made by the victim, etc., are objectively consistent and consistent with the facts charged (see, e.g., Supreme Court Decision 201Do7403, Sep. 9, 201). In addition, the defendant shall not refuse the credibility of the statements made by the victim, etc. (see, 2008Du108).

Although the victim's statement about the process of committing an indecent act and the content and method of an indecent act is consistent with the main part of the investigation agency from the time to the court of original trial, the F's statement that witness the scene of the crime is consistent with the victim's statement. The defendant points out.