Defendant A’s acquittal portion of Defendant A’s indecent act on January 25, 2016 is reversed.

Defendant

A. A.

A. Comprehensively taking account of the evidence submitted by the Prosecutor (as to Defendant A), it can be sufficiently recognized that Defendant A committed an indecent act by force on two occasions as shown in the facts charged in the instant case.

Nevertheless, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous.

B. Improper sentencing (as to Defendant B, the suspended sentence of a penalty of two million won) imposed by the lower court is too unfortunate and unreasonable.

2. Determination

A. Prior to determining the grounds for appeal by the prosecutor, prior to the prosecutor’s ex officio determination (related to Defendant A’s indecent act committed by force on January 25, 2016), the prosecutor examined ex officio, and the prosecutor applied for permission to amend the Bill of Indictment with the phrase “I am Ha and Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha

However, notwithstanding the above reasons for reversal ex officio, the prosecutor's remaining grounds for misunderstanding of facts against the defendant A (the point of forceful indecent act by the defendant A on January 24, 2016) and the improper grounds for sentencing against the defendant B are still subject to the judgment of this court. Thus, the following is determined.

B. Determination as to the assertion of mistake of facts (as to Defendant A’s forced indecent act on January 24, 2016), the summary of this part of the facts charged is as follows: (a) Defendant A around 14:00 on January 24, 2016, at the F’G Hospital’s 520 head office at the time of stay where the victim E (V, 38 years old) is hospitalized; and (b) Defendant A was aware of the part of the victim’s chest by the victim’s second hand, following the victim’s second hand, who takes away goods at the bed back of the bed against the bed.

As a result, Defendant A committed an indecent act on the part of the victim.

2) The lower court’s determination also shows that ① the Defendant’s three indecent acts filed by the victim were the most serious indecent acts among the three indecent acts committed by the victim.