All appeals are dismissed.

The grounds of appeal are examined.

1. The defendant case;

A. Examining the reasoning of the lower judgment regarding the grounds for final appeal by the Defendant and the person who requested the attachment order and the person who requested the attachment order (hereinafter “Defendant”), in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on “non-performance of resistance” in the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (excluding the non-guilty part) as alleged in the grounds of final appeal, contrary to what is alleged in the grounds of final appeal.

B. Of the facts charged in the instant case, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the part that the Defendant’s act of quasi-rape was committed by inserting his sexual organ into the part of the victim’s sexual organ.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal

2. Where a defendant and public prosecutor have filed a final appeal regarding a case for which a request for attachment order or a request for protective observation order is filed, it shall be deemed that a final appeal has also been filed regarding the case for which the attachment order is filed and

However, the petition of appeal did not state the grounds for appeal and did not state the grounds for appeal.

3. The final appeal by the Defendant and the Prosecutor is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.