All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty in spite of the fact that the defendant had committed an indecent act by compulsion of the victim was erroneous, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (public prosecutor) on the grounds that the amount of punishment imposed by the lower court (including six months of imprisonment, completion of sexual assault treatment programs for 80 hours, and restriction on employment for three years) is too unjustifiable and unreasonable.

2. Determination

A. Considering the fact that the method of evaluating the credibility of a statement made by a witness of the first instance trial in the determination of facts by the defendant is an essential difference between the first instance court and the appellate court, and the purport of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, the appellate court shall not reverse without permission the first instance judgment on the grounds that the first instance court’s determination on the credibility of a statement made by a witness of the first instance trial is clearly erroneous in light of the content of the first instance judgment and the evidence duly examined by the first instance court, or that the first instance court’s determination on the credibility of a statement made by a witness of the first instance was clearly erroneous in light of the evidence examination and the evidence duly examined by the first instance court, and in exceptional cases where it is deemed that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance is remarkably unreasonable in full view of the results of the first instance examination and the results of additional evidence examination conducted by the time the argument was concluded by the appellate court (see, e.g., Supreme Court Decision 2017Do21537).

The court below acknowledged the credibility of the victim's statement by taking into account the details of each victim's specific statement and CCTV images corresponding thereto, after directly observing the victim's attitude and attitude in the process of examination of the witness.

Examining the record compared with the above, the court below’s credibility.