A. Defendant (1) did not commit an indecent act against the Defendant, and the Defendant filed a complaint against the Defendant in the case where he was injured by the male and female job offers F.

(2) The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. The following circumstances, which can be acknowledged by the judgment of the court below and the evidence adopted and examined by the court below as to the Defendant’s assertion of misunderstanding of facts, namely, E, in consistent with the investigation agency and the court below, specifically made a statement that the Defendant committed an indecent act, such as gathering the chest from the main point of “D” and closely feling the sexual flag into her butt, and G also observed that the Defendant committed an indecent act against E.

In full view of the facts that the investigation agency and the trial court specifically stated the defendant, and the fact that the male-friendly arrest F of E has already been investigated as a case in which the defendant injured the defendant and the defendant has made a statement that he committed an indecent act of E, the fact that the defendant committed an indecent act of E may be sufficiently recognized.

B. The degree of indecent act against the victim of the defendant's wrongful judgment of the sentencing of the defendant and the prosecutor is not weak, but the victim is punished against the defendant, but the defendant did not have been punished for the same kind of crime, and immediately after the case, the defendant suffered serious injury by the victim's male-child room, and other factors of sentencing specified in the argument of this case including the defendant's age, sexual behavior, environment, etc., it cannot be deemed that the punishment of the court below is too heavy or unreasonable.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.