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;

A. misunderstanding of facts and misunderstanding of legal principles, the Defendant, while drinking alcohol together with the victim, attempted to take the victim's hand and shoulder with his/her hand, but there is no fact that the victim met bucks or kisks of the victim, and attempted to do so.

On the other hand, since the defendant did not commit violence or intimidation against the victim, it cannot be viewed as an indecent act by force even if the victim's hand was involved or buckbucks did so.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended sentence, and forty hours of sexual assault treatment program) is too unreasonable.

2. The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles is acknowledged based on the evidence duly adopted and investigated by the court below, i.e., the following circumstances: ① the victim from the investigative agency to the court of the court below: (i) the defendant met his own arms and losses, and the buckbucks; and (ii) the defendant has consistently stated to the effect that he continued to hold his her kis, and the defendant tried to have kis on his kis; ② it is difficult to find out the circumstances that the victim had filed a false complaint with the intent to harm the defendant; ③ the video of CD containing CCTV recording contents; and (iii) the defendant and the victim suffered losses of the victim before entering a drinking house, which is the place where the crime of this case was committed, the fact that the defendant tried to have kis and kis of the victim, as recorded in the facts charged, is recognized.

Furthermore, the crime of indecent act by compulsion stipulated in Article 298 of the Criminal Code is not only in case of indecent act after the other party makes it difficult to resist by assault or intimidation.