All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Of the sentencing, (a) the sentence of the lower judgment’s conviction is in heavy weight (the imprisonment of August, 40 hours after completion of sexual assault treatment programs, 3 years restriction on employment). (b) In fact-misunderstanding or misapprehension of the legal doctrine, the Defendant, who committed obscene acts in the same place twice, has a condition that the strictity of the criminal identification procedure should be mitigated, and the Defendant was recognized to have been at the time of the prosecution. As such, the Defendant may be deemed to have committed obscene acts as stated in Article 1 of the facts charged.

2. The lower court determined as to the assertion of misunderstanding of facts or misapprehension of legal doctrine, on the grounds as indicated in its reasoning, determined that the victim’s statement by the Defendant as an offender did not properly observe the criminal identification procedure, and that there was no evidence to acknowledge that the Defendant committed an act identical to that stated in the facts charged.

Examining the above judgment of the court below in a thorough comparison with the records, there is no reasonable ground to deem that the court below clearly erred in the examination of evidence or that the argument leading to the fact-finding is considerably unfair as it is against logical and empirical rules, and there is an error of law by misunderstanding facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

subsection (b) of this section.

Therefore, the prosecutor's assertion on this part is not accepted.

3. We examine the determination of the unfair argument of sentencing, and consider the circumstances where the defendant should make a confession and support his parents who are not healthy. However, comprehensively taking account of the period, methods and other conditions of sentencing under Article 51 of the Criminal Act, the court below’s sentencing is acceptable, and there is no unreasonable ground for the defendant’s assertion.

4. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.