All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) did not commit an indecent act against the victim of mistake of facts.

(2) The lower court’s sentence is too heavy.

B. The prosecutor (unfair form of punishment) sentence of the lower court is too minor.

2. Determination

A. The lower court appears to have committed an indecent act as stated in the facts charged and had the intention to commit an indecent act, considering the following circumstances acknowledged by the evidence examined by the lower court on the grounds of the conviction in determining the assertion of mistake of facts, in addition to the following circumstances acknowledged by the evidence examined by the lower court.

On September 4, 2015, when considering the closed-circuit (CCTV) photograph in which the Defendant and the victim waitinged to move on the platform before the crime, approximately 4 to 5 passengers waiting to move on the same entrance.

When the electric car arrives, the defendant and the victim have first been on board at the front of the day, and approximately 2-3 passengers are on board.

It seems that the body was not fasted in the process of mixed boarding.

On July 24, 2015, the crime was committed in the same section of the same time zone.

It seems that the similar situation was considered to have been similar.

In both crimes, the Defendant committed an indecent act by putting his body back to the opposite direction after leaving his body from the front-time vehicle, and putting his sexual organ back to the front of the victim immediately behind the victim, in the same direction as the victim, and putting the victim’s her sexual organ in the same elel.

It is difficult to view the Defendant and the victim as physical contact during boarding process in light of the location of the Defendant and the method of crime, etc.

The passengers were on the day when they were on the boom and were on the day when they were on the boom while they were on the boom. At the time, there were many passengers on the boom but there were no booming in the boom to the degree that their body was fast.

When each crime was committed, the defendant's body can be seen as being examined by the defendant at the time of committing the crime.