The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. Defendant 1 did not have committed an indecent act by force against the victim as stated in the instant facts charged. 2) The sentence imposed by the lower court on the Defendant of unreasonable sentencing (one month of imprisonment, etc.) is too unreasonable.

B. According to the evidence duly adopted and examined by the lower court of mistake of facts, it is recognized that the Defendant was aware that the victim was physically disabled at the time of committing the crime that the victim was extremely difficult to resist. 2) The sentence imposed by the lower court of unreasonable sentencing is too uneasible and unfair.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of the facts charged in the instant case is that the Defendant is a person working as a nursing worker at the “C” hospital located in the Geum-gu Busan Metropolitan Government B, and the victim D (the victim, the age of 42) is a disabled person of the level 5 with a physical disability who is receiving treatment for cerebrovascular from the above hospital.

The Defendant is on May 24, 2018 (hereinafter referred to as “the day of the incident”).

At around 15:00 the above hospital E, the victim who was in the face of Pyeongtaek was found in the mixed room, the victim was able to get out of the sick room, and the victim was able to get out of the sick room, and the victim was able to get out of the sick room, and the victim was able to get out of the sick room again, and the victim was able to get out of the sick room, and the victim was able to get out of the patient's clothes when the victim was suffering from the sick room.

Accordingly, the defendant committed an indecent act on the part of the victim with physical disability.

B. The judgment of the court below is consistent in the investigation agency and the court of the court below. ① The victim consistently entered several times in the sick room in which the defendant himself/herself was mixed and herself brought his/her hand into his/her own seat and got his/her hand into the sick room.

As above, after being subjected to an indecent act by the Defendant, the above facts were left in the sick room, and the physical clinic F.