The defendant's appeal is dismissed.

1. The lower court found the Defendant guilty of indecent act by compulsion among the facts charged in the instant case, and acquitted of quasi-rape. Only the Defendant filed an appeal regarding the guilty part of the lower judgment, and the prosecutor did not file an appeal.

Therefore, the non-guilty portion of the judgment of the court below which did not file an appeal is separated or determined as it is, it shall be excluded from the scope of adjudication.

2. Summary of grounds for appeal;

A. Although the Defendant had a key fact with the victim, the Defendant did not exercise tangible power or did not have a sudden key against the victim’s will, and the victim actively responded to key.

The defendant was not guilty of having delivered the victim's chest.

Nevertheless, the judgment of the court below that recognized indecent acts by force based on the statement of the victim without credibility is erroneous in mistake of facts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

3. Judgment on the assertion of mistake of facts

A. In the lower court’s determination, the Defendant asserted the same as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on the following grounds: (a) comprehensively taking account of the following circumstances acknowledged as the evidence, the Defendant could have forced the Defendant to raise the victim and only the chest was delivered.

1) The victim consistently states the main part of the crime in this part from the investigative agency to the court of the court below, and the situation in F, which is the place of the crime in this case, is relatively specific. On the other hand, the Defendant is almost not interested in F’s situation. On the other hand, the victim was pushed the Defendant of the defect in order to bring the Defendant a sudden kis, and the Defendant expressed his intention of refusal, despite having expressed his intention of refusal.