All appeals by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the defense counsel (unlawful in sentencing) recognized the Defendant’s mistake and against it, although the victim first met on the date of the instant crime, it was erroneous for the victimized person to mislead the Defendant by making several calls with the victim at the time of the previous crime, and that the Defendant has no criminal history of the same kind of crime, the lower court’s sentence that sentenced the Defendant to a suspended sentence of 1 year, a community service for 40 hours, and an order to attend a lecture for sexual assault treatment for 40 hours is too unreasonable.

B. In light of the fact that the prosecutor (unfair sentencing) first became aware of the victim through the club group, and the victim was locked with other club members, and the victim committed an indecent act at the victim’s villa level, it appears that the victim’s sense of shame exceeded the victim’s sense of shame. The defendant did not endeavor to recover damage, and the victim was able to punish the defendant, and the defendant was sentenced to a suspended sentence or heavier punishment on two occasions, which is highly likely to repeat a crime, the sentence of the court below is unfair.

2. The crime of this case is determined by the following facts: (a) the defendant met with the chest and fluor of a victim who was under drinking alcohol for late night at a meeting of the same club at the victim's villa; (b) the victim's chest and fluor; and (c) the victim's chest and fluorcing drinking for late night; (c) the degree of indecent act is relatively heavy; (d) the victim was not compensated for losses up to the trial; and (e) the victim was able to punish the defendant; (b) the defendant is recognized as committing a crime; (c) there is no history of crime and there is no history of crime; and (d) the victim was not subject to any criminal punishment for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents from the Suwon Fluoron on April 25, 2001; and (e) the motive and background of the crime of this case, circumstances before and after the crime of this case, and damage therefrom.