All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

가. 피고인 1) 사실 오인 피고인이 피해자에게 친근감을 표시하기 위하여 피해자의 겨드랑이에 손을 넣었는데 피해자가 놀라서 일어나는 과정에서 피고인의 손이 피해자의 가슴에 닿게 되었을 뿐 피해자의 가슴을 움켜쥔 사실이 없고, 성욕의 흥분 자극 만족이라는 목적을 가지고 있지 않았으며, 피해자에 대한 폭행도 없었다.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2) The punishment sentenced by the lower court (2 million won in penalty, and 24 hours in order to complete a sexual assault treatment program) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s unfair sentencing is too unhued and unfair.

2) It is unreasonable for the lower court to exempt the Defendant from the disclosure and notification order of the registered information, even though there are no special circumstances to prevent the disclosure and notification of the information to the unjust Defendant.

2. Determination

A. 1) Determination on the Defendant’s assertion of mistake of facts is based on the evidence duly adopted and investigated by the lower court, i.e., the facts that the Defendant committed the same act as the facts charged in the instant case against the victim, in full view of the following: (a) the victim made a concrete and consistent statement from the investigative agency to the court of the lower court as to the major parts and conditions of the facts charged, such as the process of prosecution, etc.; (b) there is no unreasonable or contradictory part in light of the empirical rule; (c) the closure photographs of damaged images also correspond to the victim’s statement; and (c) there is no special reason for the victim to mislead the Defendant.

2) The crime of indecent act by force is an indecent act committed subsequent to making it difficult to resist by assault or intimidation against the other party.