All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s assertion of mistake of facts by the Defendant does not constitute an indecent act by force against the victim.

B. The defendant and the prosecutor argued that the defendant's punishment of the court below (25,00,000 won punishment, and completion of sexual assault treatment program 40 hours) is too unreasonable, and the prosecutor asserts that the defendant is too unfasible and unfair. The prosecutor argues that it is unfair because it is too unfasible.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court rejected the Defendant’s assertion on the following grounds: (a) on the grounds of this part of the grounds for appeal, the lower court stated in the judgment in detail that “the determination on the Defendant and the defense counsel’s assertion”

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court’s determination is justifiable, and there was no error by misapprehending the facts, as otherwise alleged by the Defendant.

Therefore, we cannot accept this part of the defendant's assertion.

① The victim stated clearly and consistently that “the Defendant sent back to the Defendant’s home”, “the Defendant put his hand into the victim’s clothes and delivered his breast,” “the Defendant received KRW 10,00 in return for delivery of the breast,” and “the Defendant knew of the fact of damage to E working at the K community service center,” and the victim made a strong increase in the body of the victim.

The development and context of the case revealed in the statements, the response and speech of the victim and the defendant before and after the case seems to be natural.

② The victim stated that it was somewhat inconsistent as to when the victim knew of the damage to E, whether the place where the crime occurred is the direction of the living room of the Defendant, whether the Defendant committed the crime only once, and whether the victim knew of the damage to E.

However, the victim is the intelligence of the lower grade of elementary school as the second grade of intellectual disability.