The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the factual error) found the Defendant’s indecent act on the grounds of the victim’s statement with no credibility despite the fact that the Defendant committed an indecent act against the victim as stated in the facts charged of this case.

2. On August 24, 2018, the Defendant was sentenced to one year of imprisonment, additional collection 40,000 won for violating the National Sports Promotion Act (Gambling Place, etc.) in the Changwon District Court’s Tongwon District Court’s branch on August 24, 2018. On January 17, 2019, the Changwon District Court dismissed the Defendant’s appeal. The judgment below became final and conclusive on April 9, 2019 by the Supreme Court’s decision. The crime of indecent act in this case was committed prior to the final and conclusive judgment of the Supreme Court on April 9, 2019. Since the crime of indecent act in this case was concurrent crimes between the above crime and the above crime under the latter part of Article 37 of the Criminal Act and the crime of violation of the National Sports Promotion Act, the judgment of the court below cannot be maintained in this respect after examining whether to reduce or exempt punishment in consideration of equity.

However, although the judgment of the court below has the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court.

3. In light of the following circumstances revealed by the judgment of the court below and the evidence duly adopted and examined by the court below as to the grounds for appeal, since the defendant can sufficiently recognize the facts that he committed an indecent act against the victim as stated in the facts charged in this case, the court below which found the defendant guilty of the crime is just, and there is no error of law of mistake of facts as alleged by the defendant.

Therefore, the defendant's assertion is without merit.

From the investigation stage, the victim was stimulated in the background of the indecent act, the attitude of the indecent act, the fear of physical contact, and the victim was stimulated at the time.