The judgment of the court below is reversed.

Defendant shall be punished by a fine of 12,000,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misapprehension of legal principles does not have the fact that the Defendant committed indecent act by force. Nevertheless, the lower court found the Defendant guilty of indecent act by force by force on November 201, 2012 among the facts charged in the instant case by adopting the victim’s accusation statement and the police statement without probative value as evidence. The lower court erred by misapprehending the reasoning of the judgment of innocence and the reasoning inconsistent with the reasoning of the judgment of conviction. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence (7 million won of

B. Prosecutor 1) The statement by the victim of a mistake of facts on January 2013, 2013, the first patrol officer on February 2013, and the first patrol officer on March 2013, 2013, by the victim of a indecent act by compulsion of the victim, among the facts charged in the instant case, is reliable. Nevertheless, the judgment of the court below which acquitted the Defendant of each indecent act by force on the first patrol officer on January 2013, 2013, the first patrol officer on February 2013, and the second patrol officer on March 2013, which affected the conclusion of the judgment by misconception of the facts. 2) The sentence imposed by the court below on the Defendant of an unreasonable sentencing

2. Determination

A. As to the Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles, the victim appeared as a witness on the second trial date in the court of the first instance and recognized the authenticity of the victim’s accusation and the police protocol, its admissibility is recognized.

Furthermore, comprehensively taking account of the following circumstances acknowledged by the lower court and the first instance court’s duly adopted and examined evidence, including the above evidence, the facts that the Defendant committed indecent act by force against the victim on November 201, 201, as indicated in this part of the facts charged, can be sufficiently recognized.

This part of the defendant's assertion is without merit.

(1) A victim shall consistently be referred to in an investigative agency from the date to the court of first instance.