All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not forcibly commit an indecent act against the victim, as stated in the instant facts charged.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2) The sentence of the lower court’s unfair sentencing (an amount of KRW 7 million) is too unreasonable.

B. The lower court’s sentence that is too uneasible to the prosecutor (unlawful in sentencing) is unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court fully recognizes the Defendant’s indecent act by force as stated in the instant facts charged.

Therefore, the defendant's assertion of facts is without merit.

(1) The victim made a concrete and consistent statement from an investigative agency to the court below on the major part of the facts charged, such as the course of the instant case, the previous and subsequent circumstances, the defendant's behavior at the time of the instant case, the response of the victim, etc., in compliance with the facts

Such statements by the victim include detailed circumstances or distinctive matters that are difficult for the victim to make a statement without direct experience, and their credibility is fully recognized.

② The genetic appraisal report, etc. that the Defendant’s Y-STR DNA sentence was detected in the vicinity of the victim’s ear and in his/her entrance, support the credibility of the victim’s statement (Evidence Records 87-91, 104-107, 3).

D은 수사기관과 원심 법정에서 ‘ 비록 술에 취하여 당시 상황을 잘 기억하지는 못하나 중간 중간에 눈을 떴을 때 두 사람이 저의 맞은 편 소파에서 실랑이를 하고 있었고 피고인과 피해자가 나란히 앉은 상태로 팔이 엉켜 있었으며, 피해자가 손으로...