The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault against the defendant for forty hours.

Summary of Reasons for appeal

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (wholly convicted part of the judgment of the court below) misunderstanding of facts or misunderstanding of legal principles (wholly convicted part of the judgment of the court below) that the court below convicted this part of the facts charged by reliance on the victim’s statement without credibility for reasons as stated in its

B) Even if the Defendant committed an act set forth in paragraphs (1) and (2) of the judgment of the court below against the victim

Even if there is no assault or intimidation, the lower court erred by misapprehending the legal doctrine on the degree of assault and intimidation in the crime of indecent act, thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (two years of imprisonment, three years of suspended sentence) is too unreasonable.

B. Prosecutor 1) The lower court committed an error that affected the conclusion of the judgment by misunderstanding the facts (as to the part not guilty in the judgment of the lower court), by rejecting the statements made by the victim, which correspond to this part of the facts charged, and by misunderstanding the fact that

2) The lower court’s improper sentencing is too uneasible and unreasonable.

Judgment

A. As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant alleged to the same effect as the lower court’s judgment.

In light of the circumstances as indicated in the judgment below, the court below held that the defendant committed an indecent act against the victim as stated in the facts constituting the crime of paragraphs (1) and (2) of the judgment below.

It is reasonable to view it.

On the other hand, the crime of indecent act by force includes not only the case where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation but also the case where the body of the person who commits the indecent act is deemed to be an indecent act. In this case, the assault in this case is to be to suppress the other party's will.