All appeals by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. On November 26, 2016, the Defendant and his defense counsel (1) committed an indecent act by forcing the Defendant to put him on the entry of the D, as described in Article 1 of the facts charged, on the road, and committing an indecent act on the part of the Defendant and his defense counsel, as indicated in paragraph (1) of the facts charged. No indecent act was committed against D, such as killing the breath and smuggling, while taking a bath to D, and as to the facts charged, with respect to the description of paragraph (2) of the facts charged, the Defendant’s arrest to the police by reporting was limited to suppressing the arrest to fit for the face of the D, and there was no intention to commit an indecent act.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by convicting all of the facts charged in the instant case.

(2) In light of the fact that the criminal defendant was not subject to criminal punishment for the same kind of crime, the sentence of the lower court that sentenced a fine of KRW 3 million and a fine of KRW 40 million to complete a sexual assault treatment program is too unreasonable.

B. In light of the fact that the prosecutor (unfair sentencing) did not reflect the Defendant’s mistake and that the Defendant did not compensate for damages, the lower court’s sentence is too uneasible and unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of the facts by the defendant and his defense counsel did not constitute an indecent act as stated in paragraph (1) of the facts charged of this case, and there was no intention to commit an indecent act as stated in paragraph (2) of the facts charged.

The lower court asserted that ① the victim D’s indecent act prior to the indecent act as indicated in the facts charged is specifically and consistently stated as to the situation between the Defendant and the victim’s indecent act, the situation at the time of the prosecution, the promotional situation at the time of the commission of indecent act, the situation after the commission of an indecent act, and the Defendant’s actions before and after the instant case. However, the Defendant and the victim cannot find any grounds for gathering the Defendant even when the victim took charge of perjury and the punishment without accusation, and ② At the time of witnessing a spath between the Defendant and the victim.

E Do Indecent conduct shall be directly viewed.