The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not use and rhy the Victim’s arms, and was doing golf wing operations, and the Defendant only contacted the Victim’s hand with his her her her her jum.

In the judgment of the court below which found the defendant guilty of the facts charged of this case, there is an error of mistake.

B. The judgment of the court below that ordered a formal trial against the summary order of this case which did not impose an order to complete a misunderstanding of legal principles was erroneous in the misapprehension of legal principles since the court below's order to complete a sexual assault treatment program for 40 hours is contrary to the principle of prohibition of disadvantageous alteration.

2. Determination

A. The following facts and circumstances are acknowledged according to the evidence duly adopted and examined by the lower court and the first instance court on the assertion of mistake of facts.

① The victim immediately after the instant indecent act was committed by her husband, reported the indecent act to the police, and consistently from the investigative agency to the court of the court below, the Defendant called the Defendant to have his food value cut, and consistently used his arms and rhyd, and her her son’s son, who returned to the police.

피해자는, 피고인이 엉덩이를 툭 치면서 ‘이렇게 해야지 자주 오지’라고 말하였다고 진술하고 있는데, 이는 피해자가 경험하지 않고서는 꾸며 내기 어려운 것으로 보이고, 피고인 일행이 3명이나 있는 상황에서 거짓말을 한다고 보기 어렵다.

② The Defendant stated, at the police, that “The Defendant was frightened with frightening so that he was frighten and her frightening so that her will not do so,” and that he was frightening so, the police officer sent out to the police and her frightened on the earth as a crime of indecent act (Evidence No. 22).” The Defendant stated, “Indecent act is not easy,” and “the frightening value is cut and her behaviored (Evidence No. 23 of the Evidence No. 23 of the Record).”

3. The injured party shall be a restaurant operated by himself on the day of the instant case.