가. 사실 오인 피고인은 당시 피해자의 등 부위를 손으로 1회 툭 친 사실이 있을 뿐, 피해자의 팔을 만지거나 브래지어 끈을 잡아 튕긴 사실이 없고, 강제 추행의 고의도 없었다.

B. The punishment sentenced by the court below to the defendant (six months of imprisonment, one year of suspended sentence, and 40 hours of lecture for sexual assault treatment) 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) 피해자는 피고인이 피해자의 브래지어 끈을 튕기듯이 만진 직후 상 사인 게임 장의 부장에게 피해사실을 알렸고, 곧장 피고인을 고소하였다.

3) The victim did not end up an agreement with or required money to the Defendant under the instant case. Unlike the victim’s expectation of criminal punishment, there was sufficient motive for the victim to make a false statement even when the victim expects criminal punishment.

It is difficult to recognize it.

4) Although there are some disagreements between F’s statement and the victim’s statement, F’s statement does not appear to have been witnessed in the whole process of indecent act because, at the time when the Defendant and the victim play a game with multiple representative game machine at least 3-4 meters away from the Defendant at the time, it is difficult to deny the credibility of the victim’s statement solely on such circumstance.

B. The conditions of sentencing are not changed compared to the first instance court’s determination on the unfair argument of sentencing, and the first deliberation is not made.