The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not have committed an indecent act by force against the victim.

B. The lower court’s sentencing (ten months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 2 years of disclosure notification order, 4 years of employment restriction order) is too unreasonable.

2. Determination

A. According to the evidence examined by the court below as to the assertion of mistake of facts, in particular, the defendant led to confession in the court of the court below, and there are no circumstances to suspect the credibility thereof, the defendant can recognize the fact that the defendant committed indecent acts by force by force by force on the part of the victim, such as intending to raise the victim's shoulder as stated in the facts constituting the crime of the court below, putting the victim's arms into the left part, putting the victim's arms into the left part, putting the victim's hand into the victim's shoulder, putting the victim's hand over, or trying to

The lower court did not err by misapprehending the facts and adversely affecting the judgment.

B. In light of the following circumstances: (a) the extent of an indecent act on the assertion of unfair sentencing is relatively somewhat somewhat weak; and (b) considering the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentencing of the lower court is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading.

[Discied Judgment] The same as the relevant column of the judgment of the court below on criminal facts and the summary of evidence.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act, the defendant shall be subject to special cases concerning the punishment, etc. of sexual crimes