All appeals by prosecutors are dismissed.

A. Although the Defendant did not have committed an indecent act by force against the victim, the lower court found the Defendant guilty of the facts charged of this case erred by misapprehending the legal doctrine.

B. The punishment of the prosecutor’s judgment (the amount of KRW 3 million, the completion of a sexual assault treatment program for 40 hours) is too uneased and unreasonable.

2. Determination

A. The lower court found the Defendant guilty of the facts charged in this case on the ground that, in light of the following circumstances: (a) the statement made by the victim on the facts charged in this case is specific and consistent; and (b) the victim is difficult to find any special circumstances that make the Defendant unsatisfy; (c) the statement made by the victim is credibility; and (d) the Defendant was aware that the Defendant was committing an indecent act by force against the victim, such as the facts charged in this case, under the awareness that it would cause sexual humiliation or aversion to the victim.

2) The Criminal Procedure Act of Korea adopts the principle of public trial-oriented principle that the establishment of a conviction or innocence against the substance of a criminal case ought to be based on a trial-oriented trial, and adopts a substantial direct trial principle that only the evidence directly examined in the presence of a judge can be based on a trial-oriented trial and the original evidence near the facts subject to proof should be based on a trial-oriented trial, and that the use of alternative evidence should not be permitted in principle as a matter of course. This is intended to enable a judge to form a new and accurate conviction on a case by directly investigating the original evidence in a court, while giving the defendant an opportunity to directly state his/her opinion on the original evidence, thereby enabling the discovery of substantial truth and realizing a fair trial.

Therefore, the court presiding the criminal procedure is going through the criminal procedure.