All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

가. 피고인: 사실오인(피고인이 이 사건 일시, 장소에서 피해자 소유의 승용차를 대리운전하여 갔다가 피해자의 집을 몰라 술에 취하여 잠이 든 피해자를 흔들어 깨운 사실은 있지만, 피해자의 허벅지 사이에 얼굴을 들이밀고 입으로 허벅지 부위를 빤 사실은 없다), 양형부당. 나.

Prosecutor: 2. Determination of this Court

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance court’s judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the evidence examination conducted by the first instance court and the evidence duly examined by the first instance court, unless there are exceptional circumstances where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance is considerably unreasonable in full view of the evidence examination results conducted in the first instance court and the result of additional evidence examination conducted by the time of closing argument of the appellate court, the appellate court should not reverse without permission the first instance court’s determination on the credibility of a statement made by a witness of the first instance court solely on the grounds that the first instance court’s determination on the credibility of a statement is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313).

In the instant case where it is difficult to view that maintaining the first instance court’s decision is considerably unfair even if the result of the further examination of evidence is based on the date of the closing of argument in the trial, the first instance court convicted the Defendant of the facts charged in the instant case based on such evidence.