The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The misunderstanding of the facts and the legal principles did not have any intention to commit an indecent act by taking advantage of the victim’s non-abstinence status, and thus, the Defendant cannot be recognized as having committed an indecent act by force, as the victim did not have an intention to commit an indecent act.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. On August 27, 2016, the Defendant: (a) around 18:30 on August 27, 2016, the facts charged: (b) provided the Victim G (the age of 25) and drinking alcohol to the “F main store” located in Mapo-gu Seoul Metropolitan Government through Internet hosting; (c) provided the victim under the influence of alcohol to the taxi; and (d) around 22:41 August 27, 2016, the victim was on the part of the taxi; (d) provided the victim with a 305 hotel heading around the I hotel located in Seodaemun-gu Seoul Metropolitan Government, Seo-gu, Seoul; and (e) placed the victim on the part of the said hotel; (e) laid off the victim from the bed; and (e) laid the victim’s chest and part of the ship.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or incompetence.

B. The court below found the victim guilty of the facts charged of this case through the victim's statement, appraisal, recording, investigation report, etc. at the investigative agency and the court below.

(c)

The victim of the party deliberation at the investigative agency and the court of original instance, from the third to the third week of the defendant to the third week with the defendant, the victim is not able to memory in part, and he is not able to fully memory in part after the order, and at the same time he was found to have a son's day in the cab. When she got a mind, she was fright in her body, and the defendant was her body, and her was her body.

In other words, the name is bread and the body of the defendant was scleeped and shake the body of the defendant, and the defendant left the body on the body of his body continuously, and the defendant called Uern who can communicate in Korean with the mobile phone and changed the Korean language to Uern who could communicate with the mobile phone.

was stated.

The above statements made by the victim.