All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, who committed an indecent act by mistake and misapprehension of the legal doctrine, committed an indecent act by compulsion, with the victim’s implied consent, was faced with or consented to the victim.

Inasmuch as the Defendant was aware of the fact that he committed an indecent act by force against the victim.

In addition, there is no intention to commit an indecent act against the defendant.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B) Although the Defendant did not have any way to prevent the victim from getting out of the vehicle against the victim’s will, and did not intend to detain the victim, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of

2) At the time when the Defendant, who was physically and mentally weak, was under the influence of alcohol, committed an indecent act and a crime of confinement.

3) The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, two years of probation, two years of probation, observation of protection, community service 200 hours, 40 hours of sexual assault treatment lectures) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The Defendant and the Defendant’s defense counsel’s assertion that the lower court erred by misapprehending the facts and misapprehension of the legal doctrine on the Defendant’s forced indecent act and the crime of confinement (A) did not prevent the victimized person from leaving the vehicle on March 27, 2016.

In addition, the defendant is suffering from the victim, but there is an implied consent of the victim, so it does not constitute a crime of indecent act by force.

B) Comprehensively taking account of the following facts and circumstances acknowledged by each of the above evidence duly adopted and investigated by this court, the Defendant is a victim by having the victim dancing as stated in paragraph (2) of the crime committed in the judgment below.