A. The Defendant was not guilty of committing an indecent act against the victim as stated in the instant facts charged.

B. The punishment sentenced by the lower court (six months of imprisonment, one year of suspended execution, and forty hours of order to attend a course) 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 regarding the assertion of mistake of facts, the Defendant may acknowledge the fact that the Defendant committed an indecent act against the victim as described 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 of facts as pointed out by the defendant

1) From the investigative agency to the court of the court below, the victim made a relatively concrete statement from the investigative agency to the court of the court below regarding ① the situation in which the victim drinks the defendant separately on the new wall with the victim’s house, ② the location in which the victim was faced with the defendant's house and was locked, ③ the situation in which the victim became aware of the defendant's indecent act by shouldering the defendant, ③ the details of the victim's indecent act, ④ the method of the defendant's indecent act, ④ the defendant's behavior after being aware of the crime, response to the victim, etc.

2) 피해자는 수사기관 및 원심 법정에서 “ 벽 쪽에 돌아서 누워 있는 상황이었고, 피고인이 왼손을 티셔츠 아래로 넣었고, 손이 배에서부터 올라오더니 브래지어 안으로 손을 넣어 피해자의 오른쪽 젖꼭지를 만졌다, 그때 잠에서 깼고 피고인은 젖꼭지를 1~2 분 동안 계속 만지더니 손을 내리고 제 바지의 지퍼를 올리고, 단추를 잠근 후 화장실을 갔다, 처음에는 너무 당황해서 그냥 자는 척을 했는데, 피고인이 화장실을 다녀오고 나서 피고인에게 가슴을 만졌냐고 물어보았더니 피고인은 아니라고...