Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

A. There is no fact that the Defendant, as recorded in the facts charged, collected the guns of cremation into the victim’s bombs.

The court below found the defendant guilty of the facts charged of this case using the victim's statements and witness's statements as evidence of guilt, although they are inconsistent with each other and credibility.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 5 million, the completion of a sexual assault treatment program 40 hours, the restriction on employment one year) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor examined the facts charged in the indictment ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, and the prosecutor applied for changes in indictment with respect to which the applicable provisions of law are "in indecent act by indecent act" as "Article 299 and Article 298 of the Criminal Act" from "Article 298 of the Criminal Act", and the facts charged are as follows. Since this court permitted it, the judgment of the court below is no longer maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and this is examined.

[Revised charges] On January 1, 2018, the Defendant: (a) around 10:35, 2018, the victim C (35 years of age) accommodated in the same room in the Incheon Detention House B located in the Gyeonggi-do Incheon Student Education-based Incheon, sent a string of the pipe, etc., and had the mind to commit an indecent act by reporting that the victim C (35 years of age) was locked and locked in the pipe, and opened a bater of the victim’s bats and stored the bats into the bats of the cremation.

Accordingly, the defendant committed indecent act by force by taking advantage of the victim's mental or physical condition of difficulty.

3. Judgment on the defendant's assertion of mistake of facts

A. The relevant legal doctrine is to determine the credibility of the statement of the victim, etc. supporting the facts charged.