All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding the facts about the indecent act in the judgment of the court below) did not commit an indecent act by force by means of writing and rhying female police officers, etc. on his/her hand, and did not intend to commit an indecent act.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, and there is an error of law by mistake.

B. The prosecutor (unfair sentencing) of the lower court’s sentence (one million won in penalty amount, and 40 hours in order to complete a sexual assault treatment program) is deemed to be too uneasible and unfair.

2. Determination

A. 1) Determination on the Defendant’s assertion of mistake of facts includes not only cases where the other party commits an indecent act after having the other party resisted by assault or intimidation making it difficult to resist, but also cases where the body of the person committing the indecent act is deemed to have committed an indecent act (see Supreme Court Decision 2001Do2417, Apr. 26, 2002, etc.). It does not require a subjective motive or purpose to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act (see Supreme Court Decision 2013Do5856, Sept. 26, 2013) and the lower court’s judgment and this court’s evidence duly adopted and investigated by this court. In full view of the following circumstances, it is sufficiently recognized that the Defendant committed an indecent act against a victimized female police officer, such as the facts charged, by force.

Therefore, the defendant's assertion is without merit.

A) In the investigation agency and the court below’s decision, the victim made a concrete and consistent statement about the circumstances leading up to the indecent act by the victim, the form of the act, and the perception at the time, etc. as follows.

① On August 22, 2015, the aggrieved party received a report on August 22, 2015, and sent it to the Seo-gu Incheon, Seo-gu, Incheon, to hear the other party’s statement on the side where the vision occurred. The Defendant, i.e., “AC” and “ACC,” and ii) took the victim’s left hand, etc. one time.

(2) The victim's resistance and the defendant's "friendly."