All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In determining the facts, the Defendant committed an indecent act or injured the victim only by causing a misunderstanding of facts against the victim’s will, and even though there was no fact that he committed an indecent act or injured the victim, the lower court erred by misapprehending the remaining facts dependent only on the victim’s statement that is not reliable, thereby convicting the Defendant of the instant facts charged. The lower court’s sentencing is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, when determining the credibility of the statement made by the victim, etc. supporting the facts charged, the court shall not without permission dismiss the Defendant’s statement, unless there exist any other evidence objectively deemed objectively acceptable and objectively consistent with the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). Moreover, where the statement is consistent with the main part of the statement, the court shall not readily deny the credibility of the statement by taking into account all the circumstances that are difficult to record in the witness examination protocol, such as the appearance and attitude of the witness who is going to make a statement in the open court after being sworn by a judge, and the penation of the statement, and the fact that the statement made by the victim, including the victim, etc., directly observe the facts charged (see, e.g., Supreme Court Decision 201Do2631, Jun. 28, 2012).