All appeals filed by prosecutors and defendants are dismissed.

1. The summary of the grounds for appeal 1) The Defendant’s misunderstanding of facts (1) is established as assaulting the victim’s body by disregarding the victim’s refusal intention and by neglecting the victim’s body force.

However, the lower court acquitted the victim on the ground that the victim did not suffer any bodily harm or commit an illegal attack.

(2) The sentence of the lower court that is unfair in sentencing (a sum of KRW 700,00) is too unhued and unfair.

2) 피고인 (1) 사실 오인 및 법리 오해( 유죄 부분) 피해자는 피고인을 고소할 목적으로 일부러 피고인을 때리는 시늉을 하는 등 화나게 하여 모욕 및 폭행을 유도하였다.

The defendant's passive resistance is a legitimate act that does not violate social rules.

(2) The sentence of the lower court’s improper sentencing is too unreasonable.

2. According to the evidence duly adopted and examined by the lower court regarding the prosecutor’s assertion of mistake of facts, the following circumstances are revealed.

① The Defendant attempted to drive away the victim who is to leave without being subject to death, and was trying to sit in the fluencies of the victim’s arms and hacks, and the Defendant did not appear to exercise more tangible power than necessary for the victim’s body in the process of returning the victim’s arms and hacks (part 9 to 17 seconds of video CDs). After the victim’s return to the Defendant, it appears to be part of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the Defendant.

When considering the situation of the defendant, who was recommended by the investigative agency to compromise with the victim, there is an aggressive element in the first return behavior for the victim away from the place to the effect that the conversation is divided.

It is difficult to see it.

At the time, the victim's request is in place.