The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of prosecutor's appeal grounds;

A. The misunderstanding of facts (involuntary indecent act part) stated that the defendant was able to use his shoulder as his hand at the main point operated by D, and that the witness F was licking with D's arms within the main point, and that the defendant was flicking D's hand and entered into the bridge of D's hand.

The statements made by D and F are consistent with the situation before and after the prosecution, the behavior, and the attitude of indecent act.

D At the court of the court below, F did not have a key point at the time of the occurrence of the instant case.

It is reasonable that he/she had again been a main point after a statement.

Although the statement was reversed, although D was under the police investigation on the day of the instant case, F was identified as a witness, and only one year has passed since the date of the instant case, and the testimony at the original court of the court of the first instance was deemed to have been distorted and distorted. As such, in a case where there were reasons for the reversal of the statement, the credibility of the overall statement should not be easily rejected even if the detailed contents are somewhat lack in consistency.

Nevertheless, the lower court rejected all the credibility of each of the statements made D and F on the grounds that the detailed contents of D and F differ from each of the statements made by D and D, and that they are inconsistent with D’s statements, and found the Defendant not guilty of the facts charged of the forced indecent act in this case, thereby having committed a mistake that affected the conclusion

B. In light of the fact that the lower court rendered a judgment of not guilty of the facts charged of the instant indecent act, and that the Defendant had a number of records of criminal punishment, etc., the sentence of the lower court that sentenced a fine of KRW 3 million is too unreasonable.

2. Determination

A. According to the ex officio judgment records, the prosecutor interferes with the defendant's duty to operate the drinking house for about about 20 minutes from June 24, 2015 to June 20:54 of the same day, and the defendant is the same date and time.