All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the lower court did not err by misapprehending the legal doctrine, nor by deceiving the victim’s buckbucks, or by forcing the victim’s losses.

The defendant has taken a hand on the shoulder of the victim in order to carry his/her hand on the shoulder of the victim and to carry his/her hand on the shoulder while moving to the laboratory, but this does not constitute an indecent act, but did not have an intention to commit an indecent act against the defendant.

2) The sentencing of the lower court’s unfair sentencing (an amount of KRW 5 million, and an order to complete a sexual assault treatment program) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Determination

A. Determination 1 on the assertion of misunderstanding of facts and legal principles is objectively made that an indecent act causes a sense of sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom. Whether an indecent act constitutes such an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the act, circumstances leading to the act, specific manner leading to the act, objective circumstances surrounding the act, and sexual morality of the age (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). Moreover, it does not require a subjective motive or purpose to stimulate, stimulate, and satisfy the sexual desire as a subjective element necessary for the establishment of the crime of indecent act (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013).

The Defendant, who heard from the injured party the phrase “I am 1, etc. from the division”, called “I am love,” and seeed the injured party’s hand over.

“The statements of the victim” are written, and such statements are specific, consistent, and not directly experienced.