The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The defendant does not pay the above fine.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal principles, ① there is no fact that the Defendant is under the victim’s inception twice as stated in the facts charged.

② The Defendant, while taking the smell to the victim who is suspected of driving alcohol, had the victim contact with his/her own alcohol, but this is intended to put the victim to an indication of his/her resistance, which is intended to put the victim into action whether to drive alcohol, and has the intention to commit an indecent act by force.

shall not be deemed to exist.

③ The Defendant, a male victim, is allowed to engage in an act to contact the above see the victim, and there is a justifiable reason to mislead the victim into such an act. Therefore, the Defendant cannot be held liable to commit an indecent act against the victim.

B. The sentence of the lower court’s improper sentencing (the amount of KRW 5 million, the amount of KRW 40 hours, the amount of KRW 5 million, and the order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. An ex officio decision-making prosecutor shall keep the previous facts charged around the trial, and filed an application for changes in the indictment with the contents of adding the following ancillary facts charged, and since this court permitted this, the judgment of the court below is no longer able to maintain it.

However, there are such reasons for ex officio reversal.

Even if the defendant's assertion of mistake of facts and misapprehension of legal principles is still subject to the judgment of this court, this paper examines it.

On April 5, 2017, at around 03:20 on April 5, 2017, the Defendant assaulted the victim in a way that the victim E (37 years old) who was suffering from the Defendant was aware of the Defendant’s drinking driving in the Gangnam-gu Seoul Metropolitan Government D Apartment 104 elevator, and was aware of the Defendant’s drinking, and used the Defendant’s drinking twice in the manner that the Defendant was able to have the victim’s drinking twice in the case of the victim’s drinking, and once in the view of the victim.

Act

B. Determination of the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine (the primary charge) is an indecent act committed by force.