All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.

1. Summary of grounds for appeal;

A. The sentence (unfair punishment) imposed by the court below on the Defendants (the defendant A: imprisonment of six months, the suspended sentence of two years, the community service work hours of 80 hours, the defendant B: fine of three million won) is too unreasonable.

B. The prosecutor (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles against Defendant A) and the victim of misunderstanding of facts requested a non-smoking from Defendant A who smoked in a non-smoking area of the beer shop in which he had worked. The defendant neglected the victim's request, and eventually, the defendant, upon the victim's request, left tobacco on his own, led the victim to "to make the victim aware of the omission", and led the victim to put the part under the part of the victim's arms. In light of the above situation and the defendant's speech and behavior, it is sufficient to see that the defendant got the victim's arms with sexual intention. Since it is sufficient to make the defendant feel the victim feel a sense of sexual humiliation, the above act of the defendant constitutes an indecent act by compulsion. Nevertheless, the judgment of the court below which acquitted Defendant A of the charges of this case against Defendant A constitutes an error of misunderstanding of facts and misunderstanding of legal principles.

2. Determination of misconception of facts and misapprehension of legal principles against Defendant A by the public prosecutor

A. On August 18, 2014, Defendant A: (a) at the “EM store” located in Asan City (EM) around 19:46 on August 18, 2014; (b) at the victim H (EM) who is an employee of the said main shop upon the customer’s request that the Defendant would not smoke; and (c) at the time of the victim’s request, Defendant A (“EM”), the victim’s employee of the said main shop that the Defendant would not smoke, “I am smoking in another place where the non-smoking area is located,” and “I am aware of the smoking area”; and (d) at the same time, Defendant A told the victim who continued to smoke before the victim and could not smoke tobacco, “I am out of the liquor tax.”