A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

A. The Defendant, as stated in the instant facts charged, did not have committed an indecent act by force against the victimized person, and the statements about the indecent act by the victim are inconsistent or inconsistent, and thus, is not reliable.

Therefore, the judgment of the court below which found the defendant guilty based on the victim's statement, etc. is erroneous.

B. The sentence of the lower court’s unfair sentencing (one year of suspended execution in six months of imprisonment, and 40 hours of an order to attend a sexual assault treatment program) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Comprehensively taking account of the following facts and circumstances acknowledged by the lower court and the first instance court’s duly admitted and examined as to the crime around January 201, 2016, the crime around February 14, 2016, and the crime around April 3, 2016, the following facts and circumstances are sufficiently recognized that the Defendant committed an indecent act by force against the victim on April 3, 2016, as described in this part of the facts charged.

Therefore, the defendant's assertion of mistake on this part is rejected.

(1) A victim has made a relatively concrete and consistent statement from an investigative agency to the court below and the court below in regard to the background leading up to the indecent act by the victim, the details and methods of the commission of the offense, the situation before and after the commission of the offense, etc. (Evidence Records Nos. 9 through 12, 94 through 98, 57 through 58, and the testimony of the victim at the trial court). (2) At an investigative agency and the court below, “H, who had worked as the victim, committed an indecent act by the victim, such as that the victim takes her her mar on his mar on the date of committing each crime under this part.

The statement consistently states that the victim was talking, and the above statement conforms to the victim’s statement (Article 30 to 31 of the evidence record, page 76, 77 of the trial record). (3) When the victim and the victim were to retire due to neglect of duty during the probation period, etc., the Defendant is a contract with the victim to compensate the victim for KRW 1,50,000 as educational expenses.