All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In determining the facts, the Defendant committed a malicious act with the victim with the intent to attract the victim who was aware of his / her her cab at ordinary times, and did not dance with the victim’s hand, etc. Nevertheless, only on the basis of the victim’s statement without credibility, and the Defendant erred by mistake of facts in the lower court’s judgment regarding the charge of indecent act by compulsion. 2) In so doing, the lower court’s punishment (fine 10 million won) is too heavy.

B. Prosecutor’s unreasonable sentencing: The lower court’s sentence is too minor.

2. Determination

A. 1) As to the Defendant’s assertion of mistake of facts, the probative value of evidence is left to a judge’s free judgment, but such judgment must be consistent with logical and empirical rules, and the degree of the formation of conviction to find the Defendant guilty in a criminal trial ought to be such a degree that there is no reasonable doubt. However, it is not required to exclude all possible doubts, and rejection of evidence which is recognized as having probative value is not allowed beyond the bounds of the principle of free evaluation of evidence. The victim’s statement is consistent with the main contents of the statement, and there is no unreasonable or contradictory part in the statement in light of empirical rule, and there is no obvious motive or reason to make a false statement unfavorable to the Defendant (see, e.g., Supreme Court Decision 2018Do7709, Oct. 25, 2018). 2) The lower court also asserted the same purport in the lower judgment, and the lower court did not have any specific and consistent motive or reason that the Defendant and the victim were able to have committed indecent act by force during the process of the Defendant and the victim.