Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles: Defendant A’s act of indecent act against the victim in the above main point or the above stairs, where Defendant A’s “E main point” from “E” to the ground level, was committed against the victim. However, there was no fact that Defendant A committed an indecent act against the victim in the above main point or the above stairs.

The victim's statement that the defendant was forced to commit an indecent act is not reliable due to lack of consistency.

However, the judgment of the court below that recognized the defendant's crime of indecent act and indecent act committed by force by reliance on the victim's statement is erroneous in the misunderstanding of facts and misunderstanding of legal principles.

2) Mental and physical disorder: The above Defendant was in a state of mental and physical loss or mental weakness by drinking while committing each of the instant crimes.

3) Improper sentencing: The sentence of the lower court against the above accused (two years and six months, etc.) is too unreasonable.

B. The lower court’s sentence (in the case of Defendant B, a fine of KRW 3 million) against the prosecutor (in the event of Defendant B) is too uneased and unreasonable.

2. Determination

A. As to the Defendant A’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, the lower court held that, in full view of the circumstances acknowledged by the evidence adopted and examined, Defendant A’s indecent act on the part of the victim within the “E main store” as stated in the lower judgment and the indecent act on the part of the stairs may be recognized.

The decision was determined.

2) In full view of the following circumstances acknowledged by the lower court’s judgment based on the evidence duly admitted and investigated by the lower court, Defendant A’s indecent act against the victim two times as stated in the lower judgment can be acknowledged.

① The victim, consistently from the police to the court of the court below, consistently maintained the victim’s dancing at the above main point, but the above Defendant was aware of the victim and only her chest by hand (hereinafter “the first indecent act”), and thereafter, the victim went to the main point and the stairs.