1. The judgment below is reversed.

2. The defendant shall be punished by a fine of 2.5 million won.

3. The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Of the facts charged of mistake of facts in the instant case, the Defendant did not have any contact with the victim’s body.

Nevertheless, the judgment of the court below which convicted the indecent act by compulsion is erroneous.

B. The sentence imposed by the court below on the defendant (5 million won of fine) is too unreasonable.

2. Determination

A. In light of the records of this case, a thorough examination of the evidence duly adopted and examined by the court below, such as the statement of the witness D (tentative name), the police statement of D (tentative name), and each written objection, etc. of the court below as to the mistake of facts, it is sufficiently recognized that the defendant committed indecent act by compulsion, such as using the victim's buckbucks as stated in the facts charged of this case.

Therefore, the court below's finding the above facts charged guilty is just, and there is no error of law of misunderstanding of facts.

Therefore, this part of the defendant's argument is without merit.

B. It is recognized that the criminal nature of the instant case is not good, that the Defendant denies and does not reflect the indecent act by compulsion up to the judgment of the court, that the Defendant did not agree with the victim, and that there was a previous criminal record subject to two times punishment due to the act of injury.

However, it is recognized that the extent of the indecent act by compulsion and injury of this case is not limited, the defendant recognizes and reflects the crime of injury, and the case appears to be a contingent crime in the entertainment tavern.

In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, the sentence imposed by the court below is somewhat inappropriate.

3. In conclusion, the defendant's appeal is reasonable. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.