The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged, did not use the victim’s sexual organ with rhythm as follows, and did not intend to commit an indecent act against the victim.

The defendant saw that he was kneeing a kneeing with the victim's kneeling kneel, and tried to cause the victim's shoulder with the left hand, and to cause the victim's kneing with the victim's knee with the victim's kneb, and the victim's knick part with the victim's kneb, and the knick hand seems to be feld on the part of the victim's sexual organ.

In addition, as the head of one victim's hair is short, the defendant was aware of the victim's male baby.

B. The sentence of the lower court’s improper sentencing (the amount of KRW 15 million, the amount of KRW 40,000, the amount of KRW 40,000,000) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court determined that the Defendant intentionally used and rhyd the victim’s sexual intercourse in full view of the following circumstances acknowledged by the evidence adopted and examined by the lower court.

Based on the judgment of the court below, the charged facts of this case were convicted.

A) The victim, at the investigative agency, brought the defendant into the Gap's own rear, and "I am in the prosecution."

“An essential part (e.g., a place in which it is fast) is met, susalized and susalized.

The situation at the time of the damage and the appraisal he saw.

B) F. F. the omission of the victim from the investigative agency to the court of the court below, whether the victim and the galking were satisfic in the face of the victim.

The phrase “” is followed by the victim’s statement to the effect that the Defendant saw the victim into a way that wraps the victim’s shoulder behind, and met the victim’s sound part as at a canter, and that this is consistent with the victim’s statement.

(C) the scene of crimes.