All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts or misunderstanding of the legal principles [the part on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.)] committed a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case, but there is no evidence to prove the Defendant guilty in addition to the confession.

However, the lower court found the Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The lower court’s sentence that is unfair in sentencing (4 months of imprisonment, 40 hours of completion of sexual assault treatment programs, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Determination on the Defendant’s misunderstanding of the facts or misapprehension of the legal principles 1) Whether a confession at the court of the original instance has credibility or not) the Defendant’s confession at the court of the first instance is doubtful solely on the grounds that the confession at the court of the appellate trial differs from the Defendant’s statement at the court of the appellate trial.

In determining the credibility of a confession, the court below should take into account the following circumstances: (a) whether the contents of the confession statement themselves have objectively rationality; (b) the motive or reason for the confession; (c) what is the motive or reason for the confession; and (d) the circumstance leading up to the confessions does not conflict with or conflict with the confessions among the evidence other than the confessions; and (e) whether the confessions of the defendant have a reasonable doubt as to the grounds provided in Article 309 of the Criminal Procedure Act or the motive or process of the confessions (see Supreme Court Decision 2001Do4091, Sept. 28, 2001). (b) the circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the circumstances acknowledged by the evidence duly adopted and investigated by the court below; and (d) the defendant has made a so-called “other conditions” as to the developments leading to the crime