A. The Defendant misunderstanding the fact that the victim was dead

On the other hand, only the victim's shoulder was divinged, and there was no indecent act by force by deceiving the victim's chest and fry, such as the facts charged in the instant case.

B. The sentence sentenced by the court below to the defendant (a punishment of KRW 3 million, an order to complete a sexual assault treatment program with 40 hours) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and investigated in the lower court’s determination as to the assertion of mistake of facts, the Defendant may be found to have committed an indecent act by force against the victim as stated in the instant facts charged.

Therefore, the defendant's assertion of mistake is rejected.

1) The victim made a relatively consistent and concrete statement from the investigative agency to the lower court regarding the background and process of forced indecent act, the content and method of the criminal act, and the situation before and after the act, as described in the instant facts charged.

2) The victim did not end up with or have demanded the agreement of the defendant in the instant case. On the day of the instant case, there was sufficient motive for the victim to make a false statement while expecting criminal punishment against the victim for the first time between the defendant and the victim.

It is difficult to recognize it.

3) Following the instant case, the victim filed a report on “a man-made dance citing a male” in 112.

The Defendant, at the main point operated by the victim on the day of the instant case, dices several alcohol with the victim, and the victim did not have any particular problem before the victim enters the part of the ambaly, and thus, there is any reason for the Defendant to report to 112 on the part of the victim, if not, upon the victim’s request as argued by the Defendant, the Defendant drank the part of the victim’s shoulder at the victim’s request.

shall not be deemed to exist.

B. Sentencing;