A. The Defendant, as stated in the instant facts charged, did not have committed an indecent act by force against the victim.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding the facts charged of this case.

B. The sentence of the lower court’s improper sentencing (six months of imprisonment, one year of suspended sentence, and 40 hours of lecture for sexual assault treatment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the lower court fully recognizes the Defendant’s indecent act by force as stated in the instant facts charged.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is just, and there is no error of mistake as alleged by the Defendant.

(1) The victim was investigated by the police twice, and “the victim was frighted to the chest and frighted to the chest, and was frighted by the defendant’s body, such as the victim, etc., but the victim was only frighted to the chest of the victim by one hand.

피고인은 피해자의 가슴을 만지다가 피해자의 왼쪽 귀를 입으로 서너 차례 깨물고 혓바닥으로 피해자의 왼쪽 귓바퀴 쪽을 핥았다.

그때 피고인이 왼쪽 손을 피해 자의 등을 타고 내려와 피해자의 엉덩이에 가져 다 댔다.

“The statement was made to the effect that it was “(19, 28, 29 of the investigation record, 2 rights 15 to 17 of the investigation record),” and “the Defendant was unable to interfere with the victim’s chest by drinking the victim’s chest with one hand, and the victim’s left side was broken down on several occasions while carrying out the sound gate.

“A statement” was submitted (a right 1 to 113 pages of investigation records). The victim, in the process of questioning with the Defendant at the prosecution, stated the above contents (a right 1 to 137, 138 pages of investigation records). ② The victim’s each of the above parts.