A. In fact, the Defendant, who was misunderstanding, did not intend to commit an indecent act on the part of the victim when she was locked by the victim’s body behind the victim and physically contacted with the victim.

B. Sentencing of the lower court’s sentencing (2 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. 1) According to the evidence examined by the lower court, the following facts are acknowledged.

A) The victim stated as follows.

In soup, the defendant, who was divingd in a soup room, has turned on both sides of the victim by double descendants, and the defendant left his hand immediately.

The victim was seated on the spot and was reported continuously by the defendant, but the defendant was her body while the defendant was her body.

The victim, who is inside his father, she gets on the side where the defendant was born, lying his father on the side where he was born, and caused his husband to find his husband, and returned again without finding his husband.

피해자가 화장실을 다녀와 보니 피해자의 딸과 가까운 데로 피고인이 와 있는 채로 자는 척을 하기에, 피해자는 베개를 가지고 와서 피고인 근처에 베개를 두고 베개를 발로 차면서 피고인의 종아리를 3회 찼는데도, 피고인은 움직이지 않고 가만히 있었고, 피고인의 휴대폰과 안경을 피고인 쪽으로 찼는데도 피고인은 일어나지 않았다.

B) A set up on a soup room of the instant case

According to CCTV images (the page 42 pages of investigation records), the victim's body is behind the victim's body and being pushed back to the victim several times, and the victim's body is behind the victim's body, and the victim's body is broken out from diving and changed to the defendant. The victim's surface is confirmed at the port level, and the victim's surface is consistent with the victim's statement.

2) The Defendant merely caused the occurrence of the victim by hand.