All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The defendant (misunderstanding of facts) seems to have caused inevitable physical contact with the victim during soup, soup, frying on a narrow bryp of the water surface room.

In the water surface room, it was difficult to distinguish between men and women because of the fact that she was unable to do so, and there was a situation where the soup employee took a call about the mobile phone theft due to the large voice, and thus, he did not commit an indecent act.

There was no intention to commit an indecent act.

B. The prosecutor (unfair sentencing)’s sentence is too minor.

2. Determination

A. In full view of the following circumstances revealed by the evidence examined in the lower court’s determination as to the assertion of mistake of facts, the Defendant appears to have committed an indecent act against the victim with the intent to commit the act of committing a crime.

The soup room, which is the place of crime, is divided into three areas, such as the right, the center, and the left side, at the entrance, and can be locked on the floor (one floor). The right and the left side are installed with a wooden structure, and it was well locked on the second floor.

On the floor of the 1st and the 2nd floor, a set of personal studios had been involved.

The right 2nd floor area (class 4~5) is "only for women," and a notice was attached to the 2nd floor of the area near the entrance, with the size of a paper A4.

However, since women's exclusive areas are low and accessibility has been removed, it seems that women's customers were free to use other areas of the first floor.

When the victim entered the water surface with his her son, he could have been able to get a place in the middle of the left side area of the first floor because several people already enjoy in the dedicated area for women.

At the time, there were several jobs on the left side of the victim's behaviors, and one male guest was locked in both ends areas.

The victim did not have any objection.

The defendant has taken the job of the victim.