All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts is merely a part of the victim's medical treatment for the purpose of cutting down the victim's sexual blood, and it does not intend to commit an indecent act against the victim's act, where the defendant takes a part of the victim's clothes above the victim's clothes and continuously takes a part of the victim's clothes and takes a part of the victim's clothes.

In addition, the victim's explicit and implied consent was given, and the defendant was only confined to the surrounding areas of the sound, and there was no fact that the defendant had a negative opinion.

(2) The lower court’s sentence of unreasonable sentencing (one year of suspended execution for six months of imprisonment and 40 hours of an order to attend sexual assault treatment lectures) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the court below found the defendant's assertion of mistake of facts that according to the evidence of the court below, the victim had received the treatment from the defendant immediately before the crime of this case, so-called water treatment or drinking, which is called the body or clothes exposed to outside of the clothes, but the above treatment was conducted in a manner of contact with the above body or clothes. Thus, the victim did not stop the defendant because he thought that it would be used for treating the above body or clothes even at the time of the crime of this case. Further, the defendant did not provide additional explanation or request explicit consent. Further, the defendant added hand to the body and the surrounding part of the body and the surrounding part of the body, and the victim refused it. In light of these facts, even if the victim consented to the above treatment, it is difficult to consider that the victim, who is a female of the early 20th century, was included in the body and the surrounding part of the clothes without his consent.