Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

A. The Defendant’s act of misunderstanding the facts and legal principles did not go against the victim’s will, and the victim seems to have not feel sexual humiliation.

Nevertheless, the court below erred by misapprehending the legal principles or misunderstanding the facts charged.

B. The sentence of the lower court’s improper sentencing (one million won in punishment, and forty-hour lecture for sexual assault treatment) is too unreasonable.

2. Determination

A. The following circumstances revealed by the lower court’s determination as to the assertion of misunderstanding the facts and the legal doctrine and the evidence duly adopted and investigated by the court below, namely, ① the victim immediately reported to the police on the date the crime of this case occurred; ② the victim did not have any awareness until the instant case occurred; ③ the victim admitted the Defendant’s house and the Defendant’s film for about 30 minutes together with the Defendant: (a) the victim impliedly accepted the Defendant’s chest.

(4) After the occurrence of the instant case, the victim made several contacts to the Defendant, such as intending to drink a vehicle or directly breathed, but this is a situation after the victim made a considerable close-friendliness between the Defendant and the victim to the extent that she becomes aware of their privacy while making frequent contacts after the agreement between the Defendant and the victim. Based on this, the victim did not feel a sense of sexual humiliation at the time of committing the instant crime.

In full view of the fact that it is difficult to see that the victim implicitly consented to the defendant's physical contact, such as the statement of facts constituting the crime, or did not feel sexual humiliation.

shall not be deemed to exist.

Therefore, this part of the defendant's argument is without merit.

B. The Defendant continues to deny a crime, and selects only what is favorable to himself/herself among the text messages given and received with the victim during the trial process.