The judgment of the first instance shall be reversed.

The defendant shall be innocent.

1. misunderstanding of the substance of the grounds for appeal and misunderstanding of legal principles (the defendant did not commit an indecent act by taking advantage of the victim's failure to resist) and unfair sentencing; 2. The judgment of this court

A. The summary of the facts charged of the instant case was around 01:0 on August 10, 201, the Defendant, at around 01:00, committed an indecent act on the part of the victim D (n, 35 years of age) who was sexually friendly at the Jung-gu Seoul Metropolitan City Maur 603 room, and at the nearby heading house, performed the alcohol at the above Maur, and the madr, who went into the above Madel with the Defendant’s proposal, knew that the victim, who got into the her motherel, was under the influence of being able to resist due to the breath of alcohol, was aware of the victim’s standing and her inner clothes, and committed an indecent act on the part of the victim

B. As to whether the victim’s statement made at the investigative agency and the court of first instance in compliance with the facts charged in the instant case can be believed as it is, the victim’s statement made at the time of the instant case, and at the time of the victim’s statement made by the police, the victim divers with the Defendant and E, with the Defendant at the time of the instant case. At that time, the victim diversdddd above, and the Defendant viewed that the Defendant diversd the toilet, and the Defendant diversd the body of his body, and dives that the Defendant diversd the Defendant’s body, and dives that the Defendant dives the Defendant dives off the body of the victim, and dives the Defendant’s dives off the body of the victim from the Defendant’s body, the Defendant dives off the body of the victim from the Defendant’s body and dives off the victim’s body from the Defendant’s body. The Defendant dives 1 to the Defendant’s body from the Defendant’s body.