All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of the facts and the legal doctrine have exercised the right to sexual self-determination with physical and mental maturity; the physical contact and sexual relationship with the Defendant did not go against the intent of the victim; rather, the victimized person actively demanded the Defendant to act sexually; even if the Defendant do not do so, he recognized the mental condition of the victim and committed sexual contact.

In full view of the fact that the defendant's sexual intercourse with the victim's chest, the victim's chest, and sexual intercourse with the victim cannot be seen as sexual abuse in the law of the place of child welfare.

Nevertheless, the judgment of the court below that the defendant's act constitutes sexual abuse is erroneous in the misapprehension of facts or in the misapprehension of legal principles.

2) The sentence of the lower court’s unfair sentencing (a 2 years of suspended sentence in 1 year and June, 120 hours of community service, and 40 hours of sexual assault treatment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, Article 2(3) of the Child Uniforms Act provides that “The interest of the child should be considered as the top priority in all activities concerning the child.”

Meanwhile, Article 3 Subparag. 7 of the same Act provides, “Any adult, including a child’s guardian, shall not engage in any sexual abuse, such as sexual harassment, which causes a sense of sexual humiliation to a child, or which may injure the child’s health and welfare or impede the normal development of the child, and where the child’s protector abandons or abandons the child.” Article 17 Subparag. 2 of the same Act provides, “Any person shall not engage in any sexual abuse, such as sexual harassment, which causes a sense of sexual humiliation to a child.”

In full view of the legislative purpose, basic ideology, and relevant provisions of the Child Welfare Act, etc.