All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the victim’s statement, etc. without credibility as evidence, on the ground that the Defendant committed an indecent act by force as stated in the facts charged in the instant case. Thus, the lower court erred by misapprehending the legal doctrine.

2) ‘ 피고인이 피해자를 끌어안아 피해자의 볼에 피고인의 얼굴을 비볐다’ 라는 공소사실 부분은 국민은행 내부 감사에서 작성된 문답서 외에( 다만 강제로 추행하는 취지로 아니다), 이를 입증할 만한 다른 증거가 있다고

It is difficult to see it.

Therefore, even if the content of the above answer is considered as a confession of the above part of the facts charged, there is evidence to reinforce it.

Therefore, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles as to the evidence of confession.

B. The punishment of the lower court (two years of suspended sentence for six months of imprisonment, one hundred and sixty hours of community service order, and forty hours of lecture for sexual assault treatment) is too heavy or unreasonable.

2. Comprehensively taking account of the following facts and circumstances acknowledged by the lower court and the evidence duly admitted and investigated in the lower court’s judgment as to the assertion of misunderstanding of facts and the legal doctrine, the Defendant may be found to have committed an indecent act by force as stated in the instant facts charged. Therefore, the Defendant’s assertion of misunderstanding of facts and misapprehension of legal doctrine is rejected

A. The victim consistently stated from the investigative agency to the trial of the party that “it is unffortunately unfford, however, under the influence of alcohol, she was fford to be fford and boomed into the breath by drawing up, but she was strongly fford to the extent that he would be extracted, and that it was fford to her at the time, and that it was fford to her at the time, and that it was “fford to be fford.”

The victim was under the influence of alcohol at the time of the instant case

(b)if any;