The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that from the date of this judgment.

A. The punishment of the lower judgment (six months of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the court below erred in the misapprehension of the legal principles as to forced indecent acts among the facts charged in this case, although it was sufficiently proven.

2) The punishment of the lower court’s unfair judgment in sentencing is too unfortunate and unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor, the records show that the Defendant was sentenced to imprisonment with prison labor for one year and six months and six months in prison on February 6, 2015 with respect to the crime of violation of the Punishment of Violences, etc. Act (Habitual violence) in the Busan District Court’s Dong Branch Branch Branch Branch. The above judgment was recognized as having become final and conclusive on September 10, 2015, the Busan District Court’s East Branch Decision 2014 High Court Decision 207 High Court Decision 2015 High Court Decision 2015Do958 (Ruling of Dismissal of Appeal) and Supreme Court Decision 2015Do958 (Ruling of Dismissal of Appeal). The Defendant’s crime of this case is in a concurrent relationship between the crime for which the above judgment became final and the crime under Article 37 of the Criminal Act and the latter part of Article 39(1) of the Criminal Act, and thus, the judgment of the court below is reversed in this regard.

However, despite the above reasons for reversal of authority, the prosecutor's assertion of mistake is still subject to the judgment of this court.

B. On the grounds delineated below, the lower court acquitted the Defendant on the charge of forced indecent act among the facts charged in the instant case.

① Although the victim’s statement is consistent and reliable in the main part from the police to the court of the court below, there is a possibility that the victim might be mistaken for the Defendant’s assault as an indecent act by force because the victim was dead at the time.

② Whether the victim was mistaken or not should be determined on the basis of the witness’s statement, and the statement of H, which is the witness of the court below, is different from the victim’s statement.