All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant has not committed an indecent act by compulsion of the victim as stated in the facts constituting the lower judgment.

B. As to the sentencing of the court below (the defendant and the prosecutor), the defendant asserts that the sentencing of the court below (two years of imprisonment with prison labor for a period of six months suspended execution, and forty hours of attending sexual assault treatment lectures) is too unreasonable, and the prosecutor is too uneasible and unfair.

2. Determination

A. 1) In light of the fact that the victim of sexual assault or sexual harassment was suffering from negative public opinion, disadvantageous treatment, and disclosure of identity when the victim came to know of the damage, etc., the victim’s response would inevitably vary depending on the victim’s sexual intercourse, relationship with the perpetrator, and specific circumstances. Therefore, readily rejecting the probative value of the victim’s statement without sufficiently considering special circumstances where the victim is suffering from sexual assault in individual and specific cases cannot be deemed as evidence determination in accordance with logical and empirical rules, based on the principle of justice and equity (see Supreme Court Decision 2018Do2614, Jul. 11, 2019). The victim’s statement is consistent with the main contents of the statement, and there is no portion inconsistent or unreasonable in light of empirical rule, and there is no motive or reason unfavorable to the defendant, and the court below rejected the credibility of the victim’s statement without any justifiable reason (see Supreme Court Decision 2017Do2614, Jul. 11, 2019).

3. The following circumstances revealed by the evidence duly adopted and examined by the court below, i.e., the victim’s statement is consistent with the main contents of the statement.