The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1 is not the criminal who committed indecent act by compulsion of the victim as stated in the facts charged in the instant case of mistake of facts. 2) The lower court’s sentence of unfair sentencing (a fine of KRW 4 million, and orders to complete sexual assault treatment programs for 40 hours) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. Determination

A. The Defendant asserted the same purport as the grounds for appeal in the lower court’s judgment as to the Defendant’s assertion of mistake of facts, and the lower court rejected the Defendant’s assertion under the title “determination of the Defendant and the defense counsel’s assertion” as follows.

(1) With respect to the facts of damage, circumstances, situation before and after, and the reason why the defendant was designated as an offender, etc. of the victim who has driven away from the victim and the offender, the male-gu F shall make a detailed and consistent statement from the investigative agency to the court of original instance, and there is no mutually contradictory part.

② The victim showed the face of the offender immediately before the victim suffered indecent act. The victim saw himself/herself as a shot, thereby going up with the stairs to drive away from the offender, and the victim showed the face of the offender who followed himself/herself. The victim and the F consistently stated that the Defendant, who was taking a shot, faces with the F at the immediately preceding shop of the instant indecent act, was the same as the offender, when she saw him/her to drive away from the criminal.

③ F returned to soup the soup to find a criminal by putting away from the offender, F discovered the Defendant who was reporting TV on the ground above the world at a male bath, and then designated him as a criminal. At the time, there was no other person than the Defendant in addition to the Defendant at all inside the male bath.

(4) Even if the court below used a warning in the court below, the victim and F shall be aware of the offender at the time of the indecent act in this case.