The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Erroring facts, the Defendant saw soup at a soup room, and followed the body of the Defendant, only committed an indecent act by raising the Defendant’s bridge on the victim’s buckbucks, and did not commit an indecent act by inserting the Defendant’s chest on the victim’s chest and rhying the chest and the chest and boat.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, one year of suspended execution, and forty hours of order to attend a course) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Of the facts charged in the instant case, the Defendant, around 01:20 on April 16, 2013, 201: (a) 1:20 on the side of the victim E (e.g., 54 years old) who was divingd on the second floor of the soup set soup in Nam-gu Incheon, Incheon.

The Defendant saw the victim's body in mind to commit an indecent act, raised a bridge on the victim's buckbucket, and added the victim's chest and part on the victim's chest.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

B. The lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the evidence in its judgment.

C. 1) The prosecutor bears the burden of proving the facts charged in a criminal trial. The conviction should be based on evidence with probative value sufficient to conclude that a judge is true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest as the defendant's interest (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). 2) The defendant's interest should be returned to the instant case, and the following is proved as evidence supporting the fact of quasi-indecent act among the facts charged in the instant case. The victim E and the victim's daily statement made by the lower court and the investigative agency by the victim E, and by G, the victim's daily statement made by the investigative agency.