All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

가. 피고인 1) 사실 오인, 법리 오해 피고인은 피해자에게 고마운 마음이 들어 손바닥으로 피해자의 엉덩이를 한번 친 것뿐이고 피해자의 엉덩이를 움켜쥔 사실은 없다.

The defendant had no intention to commit an indecent act by force.

2) The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million, and an order to complete a sexual assault treatment program 80 hours) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In determining the Defendant’s misunderstanding of the legal doctrine, the indecent act on the Defendant’s assertion of misunderstanding of the legal doctrine is objectively an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it is so determined ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim before the victim, circumstances leading to the act, specific manner of the act, objective situation surrounding it, and sexual morality of the times.

In addition, it is not necessary to have a subjective motive or objective to satisfy the sexual desire as a subjective element necessary for the establishment of the crime of indecent act by force (see Supreme Court Decision 2013Do5856, Sept. 26, 2013, etc.). In full view of the aforementioned legal principles and the evidence presented by the lower court, the facts that the Defendant committed an indecent act against the victim by using the victim’s her her sent, can be sufficiently recognized, and in light of such contents of the indecent act, the Defendant can be found to have committed an indecent act by force against the victim.

Therefore, this part of the defendant's argument is without merit.

B. The lower court’s judgment on the wrongful argument of sentencing by the Defendant and the prosecutor is adequate and too heavy, as alleged by the Defendant, by comprehensively taking into account the circumstances favorable or unfavorable to the Defendant, as stated in its reasoning.