All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years and six months of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

B. Prosecutor 1) The victim’s statement that corresponds to this part of the facts charged is reliable. Even if the defendant’s statement was based on the defendant’s statement, the victim not only had been sworn condition but also the victim left the telecom with his clothes and returned home to the telecom after a considerable period of time from the time of the crime. Thus, the victim did not have a state of resistance.

Although it is not possible to see that the victim reported this part of the crime late or even if the defendant met after the crime of this case, the court below acquitted the defendant of this part of the facts charged, the court below erred in the misapprehension of the facts that did not make a judgment by taking into account the victim's psychological status, circumstances before and after the crime of this case, the defendant's act immediately after the crime of this case, the circumstances after the crime of this case, and the time and interval.

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

2. Determination

A. 1) In full view of the following circumstances, the lower court’s assertion of mistake as to the prosecutor’s fact-finding, which can be acknowledged by evidence duly adopted and investigated by the prosecutor, the lower court, without reasonable doubt, proven that the injured party was in a state of mental or physical loss or resistance at the time when the injured party attempted to engage in a sexual intercourse, or that the Defendant was aware of the injured party’s status and intended to have sexual intercourse.

It is difficult to see

The decision was determined.

① From the investigative agency to the court of the court below, the Defendant: “The Defendant first dices the victim from the vehicle in which the Defendant was living together before the above main point and was living together with the victim.”

Happed to Felher.

The defendant.