All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1 was guilty of the facts charged in this case on the basis of the victim’s statement, etc., although the Defendant, such as misunderstanding of facts, did not have committed an indecent act by force against the victim, such as misunderstanding of facts, etc., the lower court erred by misapprehending the legal doctrine.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. The crime of indecent act by force against the Defendant’s assertion of facts includes not only cases where the other party commits an indecent act after making it difficult to resist by assault or intimidation, but also cases where the body of the act of assault is deemed to be an indecent act. In such a case, an assault does not necessarily require that it be at least to suppress the other party’s intent, and if the exercise of tangible force against the other party’s will is against the other party’s will, regardless of its force’s resistance (see, e.g., Supreme Court Decision 2012Do3893, Jun. 14, 2012; 14, 2012 Former 83, Jun. 14, 2012). An indecent act ought to be sufficiently established by taking into account the victim’s intent, gender, relationship between the offender and the victim, circumstances leading to the act before the victim, specific circumstances leading to the act, and objective concept of sexual morality 20.15 billion won (see, e.g., Supreme Court Decision 20100Do165.