A. Of the facts charged, the Defendant did not have committed an indecent act against the victim E by compulsion. Even if the Defendant committed an indecent act against the victim’s physical contact, the Defendant cannot be deemed to have committed an indecent act against the victim’s will. Nevertheless, the lower court which found the Defendant guilty of indecent act among the facts charged in the instant case, erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. 2) As such, the Defendant did not commit an indecent act by compulsion. As such, even if the Defendant filed a complaint against the Defendant on the fact that the F reported the Defendant as an indecent act by force, the Defendant cannot be deemed to have committed an indecent act by force.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, among the facts charged in the instant case.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (the imprisonment of six months and fine of three million won, the suspension of the execution of imprisonment of two years, the order to complete a sexual assault treatment program 40 hours, the community service order 120 hours, the employment restriction order 1 year) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts and misapprehension of legal doctrine, the Defendant can recognize the fact that the Defendant committed indecent act by force against the victim’s will by force, and therefore, the Defendant’s assertion on this part is not acceptable.

① According to the CCTV images taken at the scene of the instant crime, the Defendant was seated near the victim’s side (the Defendant, even after the victim was replaced, was seated near the victim’s side) on several occasions.