Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

A. In order to assist the victim in a mistake of fact, the defendant was trying to obtain the victim's appearance with his hand and did not look at the victim's chest with his intention of indecent act. Thus, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misunderstanding of facts.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (fine 3,000,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below: (i) the victim consistently stated from the investigative agency to the court below that he was forced by indecent act by force from the defendant; (ii) the victim was forced to commit indecent act by force from the defendant, who was on the side immediately after the crime of this case; (iii) if the defendant attempted to help the victim as alleged by the defendant, the victim's direct coffee would not request the victim with a smaller height to give a coffee at a high level, rather than requesting the victim to do so; and (iv) even if the victim did not ske or go beyond the body at the time of sending a coffee at the display of the higher rank, the victim did not in contact with the victim's second hand, and (v) the victim's statement by hand, which could sufficiently be found to be erroneous in the facts charged, and thus, the court below's judgment did not err by misapprehending the credibility of the victim's statement in the record of this case.

B. The point of unfair sentencing is examined, and the defendant denies the crime, but the defendant denies it.