All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The defendant had no intention to commit an indecent act since he committed the act identical to the facts charged in the instant case with the consent of the victim.

B. The punishment sentenced by the Prosecutor (1.5 million won of a fine and 40 hours of sexual assault treatment programs) is too uneased and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant spawned the part of the victim’s body by punishing both arms on the rear side of the victim, and spawn behind the body of the body of the victim, without the victim’s consent to the above act, and the Defendant requested the victim to cancel the complaint by making the public apology before the whole grads, after the above act.

According to the above facts, it is sufficiently recognized that the defendant's act recorded in the facts charged of this case was the criminal intent of indecent act by compulsion, so the defendant's assertion of mistake of facts is without merit.

B. It is recognized that the defendant's decision on the assertion of unfair sentencing denies and does not reflect the facts charged, and that the victim wants to punish the defendant.

However, in full view of the following circumstances: (a) the Defendant is a primary offender; (b) the Defendant’s age, environment, occupation, family relationship; (c) the background leading to the instant crime; and (d) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.