All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The victim and E’s statements that correspond to the facts charged in the instant case in violation of the rules of evidence and mistake of facts are not reliable.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the rules of evidence.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended sentence, and 40 hours of lectures to treat sexual assault) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of violation of the rules of evidence and mistake, the lower court, based on the evidence duly admitted and investigated, found the Defendant guilty of committing an indecent act by force as stated in the instant facts charged, based on the following circumstances.

The decision was determined.

① A middle school located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, in which the Defendant attends, has a garbage separate collection place at a distance of four meters adjacent to the above entrance, and there are toilets for faculty and staff and two floors up to a distance of 15 meters away from the left side of the said entrance.

② On January 4, 2017, in order to throw away the abolition, etc. of a classroom from around 10:16 to a separate collection place, the victim left the place of separate collection by three students, such as E, following three other half students.

According to CCTV images taken between the entrance and the garbage separation and removal site on January 4, 2017: around 10:16:11, the employees of the administrative office of the above school are towing the emptyle in the separate collection site, and around 10:16:16:16. Around 10:24, the defendant came to a separate collection place and around 10:16:30, and around 10:16:46, the employees of the administrative office of the above school enter the entrance, carrying books, etc. into the entrance and the removal place from the entrance, and three students, such as E, etc., enter the entrance from the entrance, and enter the place of separate collection and removal from the entrance.