A defendant shall be punished by imprisonment for four months.

Sexual assault against the defendant for forty hours.

A. The judgment of the court below which found the defendant guilty of the facts charged in this case, although the defendant did not have committed an indecent act by force against the victim's chest by deceiving the victim's chest, is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. The prosecutor’s sentence (unfair sentencing) sentenced by the lower court (the imprisonment of six months, the suspended sentence of two years, the community service order 120 hours, and the order to attend a sexual assault treatment program) is too uneasy and unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence on the Defendant’s assertion of misunderstanding of the facts, namely, ① the victim, at the court of the lower court, found the Defendant’s hand as follows: (a) “I am on the left chest of the Do, coming back to the Do, she was the Defendant’s hand, and was her son, and the Defendant was her boomed.

그런 데도 피고인이 친구와 눈을 마주치면서 웃길래 ‘ 나 봐 봐, 내가 쟤 만져 볼게

The perception was made that he was the same as he had his chest while being called.

피고인에게 사과를 요구하자 귓속말로 ‘ 미안해 ’라고 하였다.

The specific statement was made in the investigative agency to the same purport, and ② the victim’s daily behavior F was also stated in the court of the court below to the effect that “the victim was her with ‘the victim’ and her her her her her her her her her her her her her her her her her her her her her her her her her her with the victim’s her her her her her her

진술한 점, ③ 피고인은 이 사건 범행을 부인하면서도 검찰에서 초면인 피해자에게 뺨을 두 대나 맞고 웃었고, 피해자에게 귓속말로 ‘ 미안해 ’라고 사과한 사실은 있다고

The statement, (4) The defendant was aware that he was faced with his shoulder, and he was blicked, and the boom is good and friendly.