The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. Defendant 1’s mistake of facts did not constitute an indecent act by compulsion of the victim as stated in the lower judgment. 2) The sentence of the lower judgment on unreasonable sentencing (two months of imprisonment, two years of suspended execution, and forty hours of sexual assault treatment programs) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. Determination

A. The summary of the facts charged is as follows: (a) around 11:30 a.m. on May 20, 2013, the Defendant: (b) around 11:30 a.m., up to nine “Djuk point” located on the second floor of the Cbuilding in Busan City, the Defendant: (c) opened the victim E, who is an employee of the main store, into a sofa; (d) laid the Defendant’s hand into the victim’s clothes; and (e) laid the Defendant’s hand into the victim’s clothes; and (e) committed an indecent act by force against the

B. The lower court found the Defendant guilty of the aforementioned facts charged in full view of the admitted evidence.

C. As evidence corresponding to the facts charged in this case, although there is a confession during the second interrogation of a police suspect, insofar as the defendant denies its contents in the court, it is not admissible as long as the defendant denies its contents. Accordingly, there are only statements made between the victim's investigative agency, the court below and the court below, which is acknowledged by the evidence duly adopted and examined in the court below and the court below, and it is not believed to be credibility in light of the following circumstances.

(1) On July 25, 2013, two months after the date of filing of a complaint, the victim was present at the Busan Urban Police Station and first stated the facts of damage.

After the day of the crime, the Defendant received a demand from the workplace company to reach an agreement by force and refused to reach an agreement, and rather tried to report the victim's and his male/her family to a criminal defendant. However, according to the police's guidance that the victim's complaint should be prior to the victim's complaint, the victim made the above complaint.

(2) Criminal records, relationships of defendants.