All appeals by prosecutors are dismissed.

A. Defendant 1) The Defendant did not commit an indecent act against the victim.

2) The punishment sentenced by the lower court (an amount of KRW 3 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The Defendant also asserted as above in the lower court’s determination as to the Defendant’s assertion of mistake of facts, and the lower court rejected the above assertion by providing a detailed statement of its determination.

Examining the reasoning of the lower judgment in comparison with the evidence duly admitted and examined, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the facts, as otherwise alleged by the Defendant.

Therefore, the defendant's assertion of facts is without merit.

B. The circumstances favorable to the defendant include: (a) there is no record of criminal punishment against the defendant for the determination of the unfair sentencing of the defendant and the prosecutor; and (b) the victim expressed his/her intent that he/she would not be punished against the defendant

On the other hand, the fact that the defendant did not reflect his/her mistake, and the victim seems to have suffered a considerable mental suffering due to the defendant's crime, but the defendant does not have any effort to recover damage up to the depth of the party, etc. is disadvantageous to the defendant.

In full view of the following factors: (a) the Defendant’s age, sexual conduct and environment, family relation, health status, motive, background, means and consequence of the crime; and (b) the various sentencing conditions and changes in circumstances that may change the sentence of the lower court in the trial; and (c) there are no special circumstances or changes in circumstances that are favorable or unfavorable to the Defendant; (b) the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the sentencing of the defendant and the prosecutor is unfair.