The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant did not gather his fingers or forced the victim to commit an indecent act during the victim F’s sexual intercourse, and the victim’s statement that conforms to each of the facts charged in the instant case is not reliable in light of objective circumstances, etc.

Nevertheless, the lower court erred by misapprehending the legal doctrine that found all of the facts charged of this case guilty based on the victim’s statement.

2) The sentence of the lower court (one year of imprisonment, 40 hours of completion of sexual assault treatment programs) that is unfair in sentencing is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. 1) As to the Defendant’s assertion of mistake of facts, the lower court determined that comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated, the Defendant could sufficiently recognize the fact that the Defendant committed a similar rape and forced indecent act against the victim’s will.

The decision was determined.

① The victim was unable to take part in the ward that he / she sawd with the Defendant, H, and G at the investigative agency on May 4, 2016, and met the same alcohol at the penta, and then entered the ward that he/she was locked and went into the room. The victim was forced to take part in the room that he/she was locked and she was able to take part in the room.

In addition, the defendant was unable to resist his body with his own bridge, and the defendant continued to talk with his inner ship and the inner ship, etc., and panty space was panty space into the panty line, and the hand was spanty space into the panty line, and the hand was spanty.

The defendant's hand is not desired to do so and the defendant's hand is not absolute.

He or she sleep with a small wave in a ward after making a warning.

We have come to a room where H and G are involved in another indecent act due to the same day, and the defendant was led by him and again placed on the left in the ward.