All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles 1) Defendant (guilty part) did not have committed an indecent act by force against the victim. Although the Defendant talked with D as stated in the facts charged, this is intended by D, and it is not recognized as a performance because there is no possibility of dissemination.

2) According to the evidence submitted by the prosecutor (non-indicted part of the crime), performance is recognized as having a possibility of spreading the facts that the defendant posted to F.

(b) Illegal sentencing (the original judgment: One year of imprisonment, two years of suspension of execution, one year of observation of protection, 40 hours of taking lectures for treatment of sexual assault, community service 80 hours).

2. In a case where there are no new objective grounds that could affect the formation of a conviction during the appellate court’s trial process of a determination of misunderstanding of facts or misapprehension of legal principles, and there are no reasonable grounds to deem that the determination of the value of evidence by the first instance was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules, etc., the determination on the recognition of facts by the first instance court shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). (1) With respect to forced indecent acts by the victim, the lower court shall not reverse without permission the determination on the acknowledgement of facts by the first instance court (see Supreme Court Decision 2016Do

E’s statement corresponds to the victim’s statement, conflicts between the Defendant and the victim, and the Defendant’s collective action against the victim, etc. may be found guilty in light of the following: ② As to the defamation of the alleged facts against D, performance can be found guilty on the ground that performance is sufficiently recognized in light of the relationship between D’s statement, the Defendant, the victim, and D; ③ Meanwhile, as to the defamation of the alleged facts against F, performance is recognized in light of the fact that F and the victim have friendship with the victim for 20 years, while the Defendant and F and the Defendant have no special relationship.