A. Defendant (1) In fact, the Defendant, at the PC seat, was expected to be able to do so to the victim E who was seated next to the PC room, and the Defendant was able to dance in the club and did not have the intention of coercion against the Defendant.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by convicting all of the facts charged in the instant case.

(2) The sentence of the court below, which sentenced the defendant to a suspended sentence of 2 years, probation observation, community service order of 80 hours, and lecture order of sexual assault treatment for 80 hours, is too unreasonable for the defendant to be sentenced to a suspended sentence of 6 months.

B. In light of the fact that the prosecutor (unlawful in sentencing) had past history that the Defendant was subject to the suspension of indictment for sexual assault crimes, and that the Defendant did not compensate for damage, the lower court’s sentence is too uneasible and unreasonable.

2. Determination

A. In the lower court’s determination as to the Defendant’s assertion of mistake of facts, the Defendant did not have the intention of compulsory indecent act even if he could have been sboomed against the victim E, as alleged in the grounds of appeal, even if she could have been sboomed, and could have danced at the place of booming, but did not have the intent of compulsory indecent act.

The court below asserted that the indecent act against the victim E was committed in light of the following: ① the Defendant’s forced indecent act against the victim’s victim’s victim’s victim’s victim’s PC, and continuously expected to sit in the victim’s side room, ② the victim consistently stated the facts of damage; ③ the victim immediately notified the employee after the crime of this case to the police and reported the damage to the police; ③ the Defendant’s indecent act and intent can be sufficiently recognized; ② the indecent act against the victim’s H was committed against the CCTV image: (a) the Defendant was exposed to the CCTV image in the form that the victim’s victim’s PC was kept away from the victim; and (b) K as witness at the time of this case.