All appeals by the defendant and the prosecutor are dismissed.

On August 11, 2018, at around 01:00, the Defendant committed an indecent act by force on the part of the victim D (a) who had danced at the main point of “C” located in Daejeon-gu Daejeon (hereinafter “instant main point”).

2. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not see the victim’s her butt, and even if the Defendant’s her son contacted the victim’s her butt.

In light of the fact that the case was a stage within the main point of this case where the location of the case was scrick and narrow, the possibility of any unexpected physical contact cannot be ruled out. However, the judgment of the court below which found the defendant guilty of the remaining charges of this case where the victim and witness E believed that each of the statements of the victim and witness E are reliable.

2) The crime of indecent act by misunderstanding the legal principles requires that the victim’s assault or intimidation as a means to make it difficult to resist the victim’s resistance, and there are cases where the assault itself can be recognized as an indecent act on the other hand.

Even if the defendant committed an indecent act by means of assault to the extent that it would make it difficult to resist the victim at the time.

Although it is difficult to see difficulties, the judgment of the court below which found the Defendant guilty of the facts charged of this case on different premise is erroneous by misapprehending the legal principles on forced indecent act, thereby affecting the conclusion of

3) The criminal defendant has no record of punishment except for a fine which is minor. Even if the facts charged in the instant case are found guilty, considering the fact that the victim's her mare only once in the very short period of time and the nature of the crime is relatively minor, and that the defendant is currently responsible for his family's livelihood, the sentence of the lower court (4 months of imprisonment, 1 year of suspended sentence, 40 hours of taking a course of sexual assault treatment) is too unreasonable.

B. The prosecutor is the victim of a protruding site.