All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (1) The Defendant, misunderstanding the facts and misapprehending the legal principles, did not have any physical contact with the victim E (hereinafter “victim”) at the time of the instant case, and there was a physical contact with the victim for domestic affairs.

Even if there was no intention to commit an indecent act against the defendant.

In addition, in light of the relationship between the defendant and the victim, the above act by the defendant cannot be viewed as an indecent act by occupational force.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine on determining the credibility of the victim’s statement, thereby affecting the conclusion of the judgment

(2) The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, the community service order 240 hours, and the lecture for sexual assault treatment of forty hours) is too unreasonable.

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

2. Determination

A. (1) In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of the testimony made by the witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, the first instance court’s judgment on the credibility of the testimony made by the witness of the first instance court was clearly erroneous, in light of the contents of the first instance judgment and the evidence duly examined in the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s judgment.