1. The judgment below is reversed.

2. The defendant shall be punished by a fine of 300,000 won.

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

1. According to the statements of the victim and CCTV images, it is recognized that the defendant forced the victim to commit an indecent act.

However, the judgment of the court below which acquitted this part of the facts charged is erroneous by mistake.

2. Examination ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.

For the first time, the prosecutor maintained the facts charged of the previous indecent act against the defendant as the primary facts charged, and applied for permission to change the indictment with the same content as the statement in the column of "the facts charged (the conjunctive facts charged)" in the preliminary application Article 260 (1) of the Criminal Act, while maintaining "Assault" as the primary facts charged, and the preliminary application Article 260 (1) of the Criminal Act.

In doing so, as examined in Paragraph 3 below, this Court has maintained the conclusion of the lower court that acquitted the Defendant on the primary facts charged.

Therefore, the judgment of the court below that only the previous primary facts charged can no longer be maintained, inasmuch as the facts charged in the preliminary charge were subject to the judgment of the court, and this court found the defendant guilty of the conjunctive facts charged, as seen below, in the judgment of the court below that the previous primary facts charged was the subject of the judgment

However, notwithstanding the above reasons for reversal of authority, the prosecutor's assertion of misunderstanding the facts is still subject to the judgment of this court, and is judged below.

3. Judgment on the prosecutor's assertion of mistake of facts

A. On August 26, 2017, the Defendant committed an indecent act on the part of the victim E (V, 56 years of age) with his/her amblock in Daegu North-gu, Daegu-gu, on one occasion, in order to make accounting. The Defendant committed an indecent act on the victim by force.

B. The lower court, on the basis of the detailed circumstances in the item of “2. Determination” of the judgment, found the Defendant’s act of indecent act against the victim solely based on the submitted evidence.