All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (1) The Defendant did not have the intention of quasi-indecent act by compulsion, and the victim did not have the state of failing to resist.

(2) The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, 40 hours of order to complete the program) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination:

A. The court below rejected the Defendant’s assertion of misunderstanding of the facts as to the Defendant’s assertion of misunderstanding of the facts, and the court below rejected the Defendant’s argument and its decision in detail.

In addition to the grounds stated by the court below, the judgment of the court below which rejected the defendant's assertion is just and acceptable in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, and the defendant's assertion of mistake

① 피해자는 피고인과 3차로 들른 식당에서 호텔로 걷다가 중심을 잃고 넘어져 눈두덩이에 멍이 들고 무릎에 피가 나는 상처까지 생겼고, 피고인의 손에 이끌려 들어온 호텔 프런트에서도 고개를 숙인 채 비틀거리면서 몸을 잘 가누지 못하였으며, 이윽고 피고인이 키를 받아 자리를 뜬 것도 알지 못한 채 프런트에 계속 기대어 있다가 피고인이 내민 손을 쳐내더니 다시 피고인을 뒤따라가는 등 자신이 처한 상황을 제대로 인식하지 못할 정도로 만취한 상태에 있었다.

② At the time of the guest room, the victim was locked in a state where the defendant was not able to be able to find the defendant's existence and behavior without being scarcityd or scarcityd, and the victim was able to do so without being scarcityd or scarcityd on the wind, which was placed on the floor of the guest room, with his body as well as on the cot and blosts. The victim was placed in a state of failing to resist.

③ On the other hand, the Defendant is absent from the victim’s depth.