가. 사실 오인 피고인이 피해자를 그 직전에 나이트클럽에서 만난 여성으로 착각하여 피해자의 어깨를 툭 치기는 하였으나, 피해자의 허리와 엉덩이를 쓰다듬는 등의 추행행위를 한 사실이 없으며 피해자의 머리를 3회 때린 사실도 없으므로, 이 사건 공소사실을 유죄로 인정한 원심판결에는 사실 오인의 위법이 있다.

B. The sentence of the lower court’s unfair sentencing (the amount of KRW 7 million, the amount of KRW 40 hours, the amount of KRW 40 hours, the amount of a sexual assault treatment program program program) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined at the lower court and the trial court as to the assertion of facts: ① the victim was forced to commit an indecent act or assault from the Defendant, as described in the facts charged in the instant case from the investigative agency to the trial of the party, and the details and method of the conduct, and the situation before and after it (2) the witness stated in the investigative agency to the effect that “I determined that I would like to see that I would like to see that I would like to see the male and female, and that I would see their head when I would like to see” (44 pages of the evidence record). The court of the lower court reported that “I would have a sound of the victim, and that I would like to see that I would like to have the victim’s head at the time of the investigation, and that I would like to have the victim’s head at the time of the investigation, and why I would like to see why I would see why I would not see the victim’s head, and why I would like to see the victim’s oral statement.