A. Defendant 1) The Defendant did not commit an indecent act against the victim by mistake.

However, the lower court found the Defendant guilty on the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine.

2) The sentence of the lower court’s unfair sentencing (two years of suspended sentence for six months of imprisonment, and forty hours of lecture attendance order for sexual assault treatment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

가. 피고인의 사실 오인 주장에 관하여 원심은, 피해자는 이 사건에 관하여 특별히 허위 진술을 할 동기가 없고, 피해자의 동료인 G은 당시 노래방에서 잠들어 있었는데 피고인이 잠시 노래방을 나간 사이 피해자가 자신을 흔들어 깨우고 피고인으로부터 성 추행을 당하였다면서 엉엉 울며 말한 바가 있다고

In line with the statements of the victim, G also has no reason to make a statement consistent with the statements of the victim by falsity, and the defendant also received a telephone call from the male-child room of the victim to resist the fact that the victim committed an indecent act against the victim after returning home at singing, and the police confirmed the location of the victim's singing and confirmed it to the police station.

The circumstances at the time of the instant case, such as statements, generally support the credibility of the victim’s statement, and the fact that H, a singing singing room, was like or near the place in which G and the instant case occurred, cannot be readily concluded that the indecent act was difficult to occur, and the Defendant was guilty as to the facts charged in the instant case.

Examining the above judgment of the court below after closely comparing it with the records, the court below's judgment is just and acceptable, and there is no error of misconception of facts as alleged by the defendant and his defense counsel.

B. As to the wrongful argument of sentencing between the Defendants