A. The lower court found the Defendant guilty of all of the facts charged in the instant case, even though the Defendant did not have her her tum or chest as stated in the facts charged, by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. misunderstanding the facts or misapprehension of the legal principles, the court below made a factual mistake as alleged in the above facts at the court below's ruling, and explained the grounds for the judgment. In addition to the circumstances in the court's ruling, the court below and the court below duly adopted and investigated the facts as follows: ① the victim has consistently stated the victim's hand and her chest at the time of delivery, and ② the defendant cannot clearly confirm the defendant's act by CCTV image at the site of this case; ② the defendant could not be taken without fail to take the defendant's act in the site of this case due to the mechanical condition at the time of shooting, etc.; the CCTV image at the site of this case is consistent with the victim's statement, and even if it is possible to supplement the credibility of the victim's statement, it can be found that the victim's body could be found guilty through the victim's testimony at the site of this case. < Amended by Presidential Decree No. 17560, Mar. 3, 1999>