A. Fact-misunderstanding (indecent act part) is not a physical contact with the defendant to intentionally commit an indecent act against the victim, but a victim's clothes have increased while breathing breath, and the defendant's hand in contact with the victim's chest part. Thus, the judgment of the court below which acknowledged a forced indecent act is erroneous in the misapprehension of facts.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment, fine of KRW 600,00,000, and order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly admitted and examined by the lower court, found the following circumstances: ① the victim, from the investigation stage to the lower court, i.e., (i) placed the clothes in the Do in which the victim and the sprinked with the victim, and intentionally put the clothes in the clothes in front of the victim’s and intentionally.

As the statement is made, the contents of the statement are considerably specific and consistent, and ② the defendant, at the investigation stage, denied the victim's clothes or her clothes, and recognized the fact that the victim's clothes were teared, but it is not consistent with the victim's statement (the 34th page of the trial record), such as the reversal of the victim's clothes without any indecent act (the 34th page of the trial record), and ③ the defendant forced the victim to wear the victim's clothes and tear the victim's clothes, as stated in the judgment of the court below, it can be fully recognized that the defendant committed an indecent act by force.

Therefore, the defendant's above assertion is without merit.

B. Although there are favorable circumstances such as the fact that the defendant recognized each of the crimes of this case except for forced indecent acts, the thiefed goods were returned to the victim, and the fact that the defendant did not have any criminal records related to sex crimes, the court below also rendered a punishment by taking into account the above favorable circumstances.