The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal by defense counsel;

가. 사실 오인 피고인은 노래방에서 피해자 E가 스스로 살이 쪘다고

and is not so.

말하면서 E의 옆구리를 툭 쳤는데 마침 E의 옷이 위로 올라가면서 우연히 허리에 손이 닿게 된 것이고 그 후 E가 자신의 허벅지가 두껍다는 이야기를 하여 그렇지 않다고

In other words, E was only cut off, and the buckbucks did not get off.

E was an indecent act by the Defendant by inserting his hand with his stitts, thereby making her hand known as a man and in his hand.

However, in light of the fact that E does not coincide with the statements made by the investigative agency and the court of the court below on the grounds that the circumstances in which E was engaged in drinking and singing together with the Defendant, and the circumstances at the time of drinking and the situation at the time of drinking, and that E does not fit the statements made by the investigating agency and the court of the court below on the facts of indecent act from E, and that E is difficult to take as a victim of indecent act in accordance with the empirical rule by sending the auditor’s text messages to the Defendant at singing, it is difficult to recognize credibility of the above statements made by E, and that E did not make a statement that the Defendant was buck down.

Nevertheless, the court below held that the defendant committed an indecent act on the grounds of the testimony of E without credibility.

The Defendant committed an indecent act with E’s buckbucks without any evidence

Recognizing that fact, mistake has been committed.

B. The sentence of the lower court’s sentence, which sentenced two or more years of the suspended sentence and eight hours of the imprisonment with prison labor, and the order to attend a sexual assault treatment lecture for forty hours, is too unreasonable.

2. Determination

A. (1) The judgment of the court below on the assertion of mistake of fact is based on the spirit of substantial direct deliberation that the Criminal Procedure Act of Korea adopts as an element of the trial-oriented principle.