The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are neither a victim nor a victim was injured due to the Defendant’s assault, unless the Defendant entered or abused the D building with the intent of indecent act by compulsion.

B. The Defendant was in a state of mental disability under the influence of alcohol at the time of the instant case.

C. Article 8(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides for a term of imprisonment or a term of imprisonment of not less than 10 years under the statutory penalty. Thus, the statutory penalty for rape under Article 297 of the Criminal Act is a limited term of not less than three years and the statutory penalty for the crime of indecent act by compulsion under Article 298 of the Criminal Act is a limited term of not more than 10 years or a fine of not more than 15 million won, in contrast to the punishment for the crime of indecent act by compulsion under Article 298 of the Criminal Act, there is an unconstitutional element that lacks the proportionality or equity of the crime and the judgment of the court of first instance

The sentence sentenced by the first instance court of unfair sentencing (five years of imprisonment and forty hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination:

A. An indecent act against the will of a single indecent act by compulsion on mistake of facts and misapprehension of legal principles is objectively an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus infringing on the victim’s sexual freedom. Whether an act constitutes such an act shall be determined with careful consideration of the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of act, objective circumstances surrounding the act, and the sexual moral sense of the age.

In addition, there is a subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.