A defendant shall be punished by imprisonment for not less than five months.

A. The judgment of the court below which convicted the defendant on the ground of the defendant's statements based on the consistent victim's statements although the defendant had not committed indecent act by force or detained the victim, is erroneous in misconception of facts which affected the conclusion of the judgment.

B. The sentence imposed by the prosecutor (five months of imprisonment, two years of suspended execution, two years of community service, 120 hours) is too uneased and unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court: (i) around 21:50 on July 19, 2012, the Defendant started operating the Defendant’s vehicle with the Defendant’s driver’s seat on the top of the knife knife line, including the victim, after completing a meeting with the Defendant, with the Defendant’s working staff at the head of the knife line; and (ii) on the same day, the Defendant moved the vehicle to the G “H” parking lot located in Namyang-si, Namyang-si; (iii) the Defendant stopped the vehicle at the above parking lot; and (d) the victim stopped from the vehicle’s seat at around 22:3:3 on the same day; and (d) the Defendant and the Defendant were aware of the fact that the victim was able to have sexually assault the victim’s vehicle at the scene; and (d) the Defendant and the Defendant were aware that the vehicle was out of the aforementioned danger.

In addition to the above facts, the following facts are consistent with the fact that the victim was detained by the defendant's refusal to commit indecent acts by force.