A. In full view of the fact-finding (not guilty portion of the judgment below) that Defendant 1, at night, was able to have the victim H (for the first time, the 42 years of age), who was a female, fluord the said female victim’s h, thereby causing sexual humiliation or aversion to the general public, and that Defendant 1’s appeal against the purport that Defendant 1 would have caused the victim’s hume by excluding the victim’s h as his hume, cannot be deemed to have committed an indecent act by force, such as written in the facts charged, can be acknowledged.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by rendering a not-guilty verdict on forced indecent acts among the facts charged in the instant case.

B. In light of the fact that the illegal criminal defendant denies the crime of forced indecent act up to the trial court, and the victims want the punishment of the defendant, the sentence of the court below that sentenced a fine of KRW 3 million is too uneasible and unfair.

2. Determination

A. The lower court determined as to the assertion of mistake of facts: ① even if based on the statement at H’s investigative agency and the lower court’s court’s trial, the Defendant was suffering from causing sexual humiliation or aversion to the general public objectively by causing sexual humiliation or aversion, and thus, it is difficult to evaluate that the Defendant was aware of the Defendant’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’

Since the investigation agency and the court of the court below consistently changed from the investigation agency to the court of the court below, the act of taking another person's grandchildren generally can be done when she met, and the defendant was under the influence of alcohol at the time, and thereby the sexual judgment of H was flown.