A. The Defendant did not have committed an indecent act by force against the victim as stated in the instant facts charged.

Nevertheless, the court below found the defendant guilty of the facts charged in this case based on the statements of the victim and witness without credibility. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution, 80 hours of community service order, 40 hours of attending lecture for the treatment of sexual assault, 5 years of employment restriction order) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can be found to have committed an indecent act against the victim as stated in the judgment below, and thus, this part of the defendant's assertion is rejected.

① 피해자는 이 사건 당시 ‘남자 손님이 손가락으로 내 몸을 만졌다’는 취지로 112신고를 하였고, 당시 작성한 진술서에 ‘술값을 달라고 하니까, 남자가 내 청바지 앞주머니에 손가락을 넣어 당기고, 주머니에 넣은 손가락을 뺀 다음 가랑이 사이에 손가락을 치켜 넣으면서 내 성기에 손을 댔다’고 기재하였다.

Since then, the victim stated in the police investigation that "the victim changed the drinking value to the defendant, so far, the defendant was the president, i.e., the "the family register", and the "private register" of Japan, and the victim was near the victim with the knowledge that the victim gave drinking value, and the defendant was placed in the right inspection and the suspension of the victim's hand, and the victim was able to attract the victim, and the victim was close, and the victim was close, and the defendant was able to do so one time at the bottom of the victim's drinking part due to his second hand."

In addition, the victim is the defendant in the prosecution investigation.