All appeals filed by the prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted Defendant B of this part of the facts charged despite the fact that Defendant B committed an indecent act by force against the victim J and the intention was recognized, is erroneous in the misconception of facts.

B. The sentence imposed by the lower court on the Defendants (Defendant A: imprisonment with prison labor for one year, two years of suspended execution, 120 hours of community service order, Defendant B’s imprisonment for six months of suspended execution, two years of suspended execution, and 120 hours of community service order) is unreasonable.

2. Judgment on the assertion of mistake of facts

A. On March 12, 2018, the Defendant: (a) on March 12, 2018, at the front of the “D” restaurant located in Seo-gu, Seowon-gu, Seowon-si; (b) reported the victim J after completing meals at the said restaurant; and (c) took the victim’s left part in his/her hands and led the victim to indecent act by compulsion.

B. The lower court found the Defendant not guilty of this part of the facts charged on the ground that it is difficult to deem that the Defendant committed an indecent act by force against the victim without any reasonable doubt, comprehensively taking into account the facts and circumstances acknowledged by the records.

C. The burden of proving the facts charged in a criminal trial of the court of the trial is the prosecutor, and the conviction of guilt is based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, there is no doubt of guilt against the defendant.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2005Do8675 Decided March 9, 2006, etc.). According to CCTV images taken by the Defendant, the circumstance is likely to suspect that the Defendant committed indecent act by compulsion of the victim by force, in the course of going through the victim’s side on the D frontway, when the Defendant got into contact with the victim’s left part and the part of the victim’s tampt.