The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. With respect to a crime of interference with the misunderstanding of facts, the Defendant did not take a bath or sound inside a restaurant at the time of committing the crime.

Since the lower court found the Defendant guilty of this part of the facts charged, it erred by misapprehending the facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The prosecutor applied for changes in the indictment in exchange for the facts charged in the trial, and the judgment of the court below can no longer be maintained as the case is permitted by this court.

However, although there are reasons for reversal of authority above, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.

3. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the following circumstances can be acknowledged.

The statement of the victim is reliable in a specific and consistent part of the main part.

On the other hand, while the Defendant had no memory on the situation at the time when he was drunk (the 90,91 page of the evidence record), he did not call a disturbance in the restaurant, or had no guest in the restaurant at the time.

the statements are inconsistent, such as making statements.

In light of these circumstances, the defendant can fully recognize that he/she interferes with the victim's duties by taking a bath or sound inside the restaurant.

Therefore, the defendant's assertion of mistake is rejected.

4. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed and it is decided as follows.

[Re-]