1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3.Provided, That it shall be for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. There is no fact that the Defendant made an indecent act by force against the victim, and there is no false fact.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding indecent act by compulsion and accusation among the facts charged in the instant case.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The lower court found the Defendant guilty of all of the charges of indecent act by compulsion and false accusation among the charges of this case on the ground that “the victim B’s statement concerning the crime of indecent act by indecent act is credibility,” based on the detailed circumstances in the part on the third part of the judgment’s “the summary of evidence”.

In full view of the evidence duly adopted and examined by the court below, a thorough examination of the records of this case is justified, and there is no error of law by mistake of facts alleged by the defendant.

B. It is recognized that the Defendant’s assertion that it is difficult for him to obtain unfair sentencing until the trial of the case does not reflect on the denial of the indecent act by compulsion and the crime without fault, the nature of the crime of this case is not good, and the Defendant’s illegal stay period is about six years or more.

However, it is also recognized that there are circumstances that can be considered in the course of the instant crime, such as the fact that the Defendant, as a Vietnam, wishes to return to Korea with Vietnam, the crime of violating the Immigration Control Act is recognized, the degree of indecent act by compulsion of this case is relatively heavy, the Defendant has no criminal record other than the period of stay in the Republic of Korea, there is a family member to support the Defendant. In particular, it is recognized that the lower court has been detained in the court, and there is a time for the Defendant to live in prison for about three months.

The age, character and conduct, environment, family relationship, and crime of the defendant.