All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of facts or misapprehension of the legal doctrine is identical to the fact that the injured party did not take the center and rhumbling the injured party, and the victim is able to be able to do so.

“In order to see the victim’s face, the victim did not commit any indecent act by force, but did not commit any indecent act by force.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (20 million won in penalty, and 50 hours in order to complete a sexual assault treatment program) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.

2) Considering the attitude of the Defendant’s act to be exempted from disclosure disclosure notification order and the nature of the crime, etc., the disadvantage and side effect of the Defendant due to disclosure notification order cannot be less than the profit and preventive effect expected from disclosure notification order. Therefore, it is unreasonable for the lower court to exempt the Defendant from disclosure notification order.

2. Determination

A. Determination on the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine 1) The crime of indecent act by force includes not only an indecent act after the other party made it difficult to resist by assault or intimidation, but also an indecent act committed by the body of the person who committed the assault. In this case, as long as the assault does not necessarily require that the degree of suppressing the other party’s intent is to be limited, it does not necessarily mean that the assault is against the other party’s will, regardless of its power, so long as there is a tangible force against the other party’s will.

In addition, indecent acts are acts that cause sexual humiliation or aversion to the general public objectively and are contrary to good sexual moral sense, which infringe on the victim's sexual freedom, and whether it constitutes it is with the victim's intention, gender, age, and perpetrator.