All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (as to the guilty part: misunderstanding of facts, misunderstanding of sentencing, and misunderstanding of legal principles) and misunderstanding of facts (in relation to forced indecent act), the Defendant did not commit an indecent act against the victim.

According to CCTV images, etc., it is difficult to believe the statements of the victim and witness.

That is, it is reliable even if it is

The judgment of the court below that found the defendant guilty is erroneous.

2) The Defendant had a mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

3) Undue sentencing (guilty guilty part) is too heavy for the original sentence.

B. According to the consistent victim's statement and witness's statement as to the prosecutor (misunderstanding of facts and improper sentencing) 1, the defendant intentionally inflicted an injury on the victim.

2) Undue sentence of the lower court is too minor.

2. Judgment on the Defendant’s misunderstanding of facts and misapprehension of legal principles (guilty part)

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of fact, the defendant can be found to have committed an indecent act against the victim D as stated in this part of the facts charged. Thus, there is an error of law by mistake in the judgment below which found the defendant guilty of this part.

shall not be deemed to exist.

B. The lower court, as stated in 3. Paragraph 3. Determination on the Defendant’s and the defense counsel’s assertion, found that the Defendant was under the influence of alcohol at the time, or was in a weak state of ability to discern things or make decisions solely on the ground that the Defendant was unable to memory the instant crime.

It is difficult to see it.

Therefore, there is an error of misapprehending the legal principles on the judgment below that did not recognize mental and physical weakness against the defendant.

shall not be deemed to exist.

3. Judgment on the Prosecutor’s misunderstanding of facts (non-indicted 1)

A. The prosecutor of the Amendments to Bill of Indictment takes precedence over the charge of the injury which the court below acquitted.