A. Since misunderstanding of facts C actually committed indecent act by compulsion, the Defendant did not dismiss C.

B. The lower court’s sentence of an unreasonable sentencing (5 million won by fine) against the Defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts: (i) the Defendant’s defense counsel stated that C had been sentenced to a fine upon complaint by the Defendant even around 2010; (ii) there was no record of criminal records and investigation records regarding C; (iii) there was no record of summary judgment and violation of the Punishment of Minor Offenses Act; (iv) C had first contacted the Defendant on August 20, 2013; and (v) the Defendant sent a text message to the Defendant at his own house at the time of 21:30; and (v) the Defendant sent a text message to the Defendant at the time of 20th of the same day; (v) around 19:03; and (v) the Defendant sent a text message to the Defendant at the time of 20th of the same day on August 20, 2013; and (v) on March 21, 2013, the Defendant sent the text message to the Defendant at the time of 30th of the Defendant’s call.