The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the court below dismissed the public prosecution regarding the crime of assault among the facts charged in the instant case and appealed only to the guilty portion, and the scope of the party members’ judgment is limited to the guilty portion of the judgment below (the point of forced indecent act).

A. At the time of the instant case, the Defendant, under the influence of alcohol, was in a state where he was unable to properly hold his body, and the Defendant was boomed with the victim’s pole in order not to go beyond, and did not intentionally attract the victim.

Therefore, there was a defendant's intentional act of indecent act by force.

subsection (b) of this section.

B. The sentence that the court below rendered unfair sentencing (the imprisonment of six months, the suspension of the execution of two years, and the suspension of education for treatment of sexual assault for forty hours) is too unreasonable.

2. Determination

A. The Defendant had no intention to commit an indecent act in the lower court on the assertion of mistake of facts

On the grounds indicated in its reasoning, the lower court rejected the Defendant’s assertion and found the Defendant guilty of the instant facts charged on the grounds that it was recognized that there was an intentional indecent act by force on the part of the Defendant.

In light of the court below's decision and the police's statements, the situation at the time of this case acknowledged by CCTV images, the defendant's speech and behavior, etc., the above decision of the court below is just, and there is an error of law by mistake of facts as alleged by the defendant.

subsection (b) of this section.

B. It is recognized that the defendant has no record of punishment exceeding the same kind of power or fine, and that the injured person was the prior to the defendant by agreement with the victim.

However, during night, the defendant committed an indecent act, such as putting his hand and drawing his body according to the victim who was mixed with the victim, and the victim resisted the police and putting the victim's head with the defect reported to the police, thereby damaging the victim beyond the floor on several occasions.