A. The Defendant (Misunderstanding and misunderstanding of legal principles) did not commit indecent act by compulsion against the victim B, and did not commit an injury.

In addition, since the victim C allowed the defendant to dived in his own house, there is no fact of intrusion upon the victim C's house against the victim C's will.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The prosecutor (e.g., imprisonment for a period of eight months) of the lower court is deemed to be too uneased and unfair.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts and misapprehension of legal doctrine, the fact that the Defendant committed indecent act by compulsion against the victim B as stated in the instant facts charged, and that the Defendant invaded upon the Defendant’s residence against the victim C’s will may be sufficiently recognized.

Defendant’s assertion of mistake and misapprehension of legal principles is without merit.

1) 피해자 B에 대한 강제추행의 점 ① 피해자는 수사기관에서부터 원심 법정에서까지 피고인이 2019. 7.경 이 사건 공소사실 기재와 같은 행위를 한 사실이 있다고 진술하였는데, 원심 법정에서는 수사기관에서의 진술과 달리 ‘당시 피고인의 행동을 성추행이라고 생각하지 않았고 여자 가슴을 이렇게 하려니까 기분은 나빴지만 피고인의 행위로 성적 수치심이 느껴지거나 하지 않았다’고 하여(공판기록 110, 111면 피해 당시 느꼈던 감정 등에 관한 진술내용을 다소 번복한 바 있다.

However, even if the defendant simply turns the victim's chest by a bad will, the defendant's chest that is an adult male male can be seen as sensitively responding to physical contact by extending out his/her finger hand.