All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (as to the crime of indecent act by force which was found guilty in the original trial, the crime of violation of the Act on Special Cases concerning Rape and the Punishment, etc. of Sexual Crimes on August 31, 2014 (Violation of the Act on Special Cases concerning Rape and the Punishment, etc. of Sexual Crimes)] are sufficient to have taken the appearance of the Defendant by reducing the victim’s conspiracy and sexual intercourse with the victim. However, there is no fact that the Defendant threatened the victim with the intent to engage in an indecent act, adultery, or photographing against the victim’s will, and the victim does not comply with the victim’s conspiracy or sexual intercourse against his will. The lower court erred by misapprehending the fact that only the victim made a false and persuasive statement without any consistent and persuasive statement by the Defendant, or by misapprehending the legal principles, and thus concluding the Defendant guilty of this part of the charges. 2) The punishment of unfair sentencing (two years and six months imprisonment) imposed by the lower court is too unfair.

B. According to the evidence submitted by the prosecutor, the prosecutor 1 found the Defendant guilty of rape on August 11, 2014 or of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act on the Mameras, Etc.) around August 31, 2014, which was pronounced not guilty in the original trial) and the misapprehension of legal principles (the act of rape on August 11, 2014 and the act of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act on the Punishment, etc. of Sexual Crimes on August 31, 2014). However, the court below found the Defendant not guilty of each of the charges above. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the lower court, among the facts charged in the instant case, commits indecent act by compulsion against the Defendant, and rape and rape around August 31, 2014.