All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

가. 피고인 1) 법리 오해, 사실 오인( 유죄부분) 피해자에게 진료상담을 해 주던 중 피해자가 너무 가까이 다가와서 순간적으로 당황하여 더 이상 다가오지 말라는 뜻에서 오른쪽 손끝 부분으로 피해자의 무릎 또는 허벅지 부분을 두어 번 톡톡 친 사실이 있을 뿐, 유죄 부분 공소사실과 같이 말하면서 피해자의 허벅지를 친 사실은 없다.

Even if such fact is true, the defendant's act does not correspond to "indecent conduct" in the crime of forced indecent conduct, but did not have the defendant's intention to commit indecent conduct.

2) The punishment of the lower court is heavy.

B. Since the credibility of the victim’s statement concerning the facts charged by the prosecutor (misunderstanding of facts - not guilty part) is recognized, the whole facts charged should be found guilty.

2. Judgment on the misapprehension of the legal principles of the defendant and the misapprehension of facts

A. Comprehensively taking account of the evidence examined by the lower court as to whether the Defendant committed an act stated in the facts charged, the following facts and circumstances are acknowledged.

The facts that the defendant committed an act in the facts charged can be acknowledged based on this.

① At the investigative agency and the court of the court below, the victim stated that “The victim was consulted with the Defendant on the Defendant’s khne and the leap humc alcohol at the treatment room of the sex outdoor hospital operated by the Defendant, and the Defendant stated that “the Defendant, if the Defendant consented to the portrait right of KRW 15 million, 6.3 million of operating expenses may be reduced to KRW 6.3 million of operating expenses may be reduced to KRW 6.3 million” to the victim at the time, who was flabbbbbucks below the left side bucks of the victim, who was seated and was found to have been dead to the Defendant’s right hand.”

The victim's speech on the background, details, degree, etc. of the indecent act may be believed in a specific and consistent manner.

② At the time of the instant case, the victim himself.