The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the completion of a sexual assault treatment program with a fine of 3 million won, 40 hours) is too unreasonable.

B. Prosecutor 1) The lower court acquitted the Defendant on the charge of indecent acts by compulsion. Since credibility of the victim’s statement is recognized, the Defendant’s act of indecent act by compulsion is recognized. Therefore, the lower court’s judgment otherwise determined by misapprehending the legal principles on unreasonable sentencing is too uneasible and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged of indecent act by compulsion 1) The Defendant: (a) around 09:00 to 100 on April 28, 2017, within the guest room on G located in Thailand “HHel”; (b) left the Republic of Korea to Thailand G for a maximum of three months at the time and accommodated together with the above hotel; (c) despite having explicitly expressed in advance the victim’s explicit refusal on sexual acts accompanied by height or contact with important body parts, the Defendant was able to 00 to 00 on his own 20:0 on his own 7:0 on his own, and (d) the Defendant was able to 0 to 3:0 on 19:0 on his own, with the victim’s breastbuck, and (e) the Defendant was able to 1 to 4:0 on his own, and (e) the victim was able to 2:0 on his own, and (e) the Defendant committed an indecent act at the victim’s chest.