All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In light of the circumstances before and after the crime of misunderstanding the facts and the misapprehension of the legal doctrine (related to the crime of indecent act by compulsion), or the victim’s attitude, etc., it cannot be deemed that the Defendant had the victim sexual intercourse with his/her own sexual organ obviously against the victim’s will.

Nevertheless, the court below found the victim guilty of the charge of forced indecent act by judging that such act was committed against his will. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. Prosecutor 1) When misunderstanding the facts and misapprehension of the legal principles (related to the crime of rape), or considering the physical conditions of the Defendant and the victim, the Defendant’s act of sexual intercourse, disregarding the victim’s opposing intent, constitutes the crime of rape, because it was committed under the influence or difficulty of the victim’s resistance.

Nevertheless, the court below held that there was no assault or intimidation to the extent that the victim's resistance was prevented or significantly difficult.

The court below found the defendant not guilty of rape. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. The judgment of the court below 1) also held that the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal principles of the Defendant was similar in the trial of the court below to the purport that “the injured party was satisfing the Defendant’s sexual organ under the agreement, and during that process, the injured party was satisfing the Defendant’s sexual organ, and the Defendant did not resist

As to this, the court below, in light of the following circumstances, which can be seen by the record, has the victim by detention, who is the defendant's hand.