All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The prosecutor asserts the misapprehension of the legal principle in the court below as to each of the crimes listed in the annexed Table 1 (1) to 4 and 9, and the annexed Table 3 to 8, the date and time of the crime are specified to the extent that each of the crimes can be distinguished as shown in the annexed Table 2.

Nevertheless, the lower court determined that the date and time of the crime cannot be deemed specified on the grounds of the attached Form 1 charges prior to the amendment of indictment, and sentenced the dismissal of prosecution on this part of the facts charged, and therefore there is an error

B. As to the Defendant’s imprisonment (two years and six months of imprisonment, and 80 hours of order) declared by the lower court on the grounds of unreasonable sentencing by the Defendant and the prosecutor, the Defendant asserts that it is too unreasonable and unfair, and the prosecutor asserts that it is too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of the misapprehension of the legal principles regarding the conduct of rape of a minor among the facts charged in the instant case, the prosecutor, around 2015, organized and indicted the crimes committed at the defendant’s house located in E at the time of influence as shown in the annexed Table 1, as shown in the annexed Table 1, around 2016. After that, the prosecutor changed this part of the facts charged through an application for the change of the indictment issued on April 28, 2016, and the lower court permitted it as stated in the annexed Table 2. However, the lower court deemed that the part concerning the dismissal of prosecution was subject to the annexed Table 1 prior to the amendment of the indictment, 4 through 9, and 3 or 8 among the facts charged as stated in the annexed Table 1, on the ground that it is difficult to distinguish between the description and the text of the facts charged, and thus, it does not hinder the defendant’s right to defense.