The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 900,000.

The above fine shall not be paid by the defendant.

Summary of Reasons for appeal

A. The Defendant was guilty of the facts charged of the instant case, even though he did not have committed an indecent act by force, and did not have any intentional indecent act by force, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found the Defendant guilty of the instant charges.

B. The sentence sentenced by the lower court (2 million won in penalty, 40 hours in order to complete the course) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court determined that, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant was found to have committed an indecent act by force against the victim.

① The victim made a relatively consistent and concrete statement that corresponds to the facts constituting the offense in the judgment below at the investigative agency and the court below. During the procedure, the victim made a detailed statement in detail and on-site manner as to the situation at the time of the damage in this case including the victim’s words, actions, response to the victim, etc.

② As alleged in Defendant’s on the part of the Defendant, the body might be frightened from frighten because of pain. However, according to the victim’s statement, the Defendant was originally frightened on the chest or on the side of the ship, but she was frighten from half of the Defendant’s chest, who she was suffering from pain during the course of the procedure, and she was frighten about half of the Defendant’s chest. In that context, the 1-2 seconds back from her arm’s length to her arm’s length, the she was frightened on the part of the victim’s her arm’s length or side her arm’s length, and the victim said that “the Defendant was frighten” while avoiding the Defendant’s finger.

f. According to the above statement, the defendant's physical contact was intentional.

It is reasonable to view it.

(3) A victim shall facts constituting a crime committed by the defendant.