The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant above.

A. The judgment of the court below that found the defendant guilty on the grounds that the defendant committed an indecent act against the victim who has been unable to resist, based on the victim's statement that was not reliable despite the victim's chest and the victim's chest was fluor under an agreement with the victim when the victim was aware of it, is erroneous in the misunderstanding of facts or in the

B. The sentence imposed by the lower court (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of misunderstanding of facts and misapprehension of legal doctrine, the lower court can be recognized that the Defendant committed an indecent act against the victim in a state of

The defendant's above assertion is without merit.

1) Inasmuch as the victim had consistently been under the influence of alcohol at the time by the investigative agency and the lower court, the Defendant stated to the effect that he did not consent to the delivery of the victim’s chest and to drinking together, as stated in the facts constituting a crime in the lower judgment, as stated in paragraph (1) of the same Article. 2) The fact that the Defendant and the victim’s act of drinking up to the new wall on the day of the instant case is recognized that the Defendant’s act of drinking up to the new wall after drinking up to the Defendant’s act of drinking.

However, at the time, the victim and the victim's friendship D were under the influence of alcohol, and they arrive at the instant Moel, the victim, the victim, and D, who was under the influence of sofarcing in the sofarc.

3 The defendant asserts to the effect that the victim was satisfed and satisfed with the victim under the consent of the victim who was satisfed on the side of the victim who was divingd above.

However, as seen earlier, the victim who was locked by drinking alcohol at the time is who has broken himself in the shouldering season.