The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not commit an indecent act against the victim, but did not intend to commit an indecent act against the victim only by cutting the clothes of the victim under the influence of alcohol.

In addition, one injured person was sobried at the time, but it was not impossible to resist.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The judgment of the court below is erroneous by misunderstanding facts, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment, and three years of suspended execution) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant is a blood-related person who is the husband of a female under the victim D (nive, 48 years of age).

피고인은 2015. 6. 6. 22:00 경 시흥시 능곡동 ‘●●●●’ 아파트 부근 가로수 길에서, 술에 취해 항거 불능 상태에 있는 피해자를 상대로 약 10 분간에 걸쳐 피해자의 가슴을 만지고, 피해자에게 키스하고, 피해자를 자신의 다리 위에 앉힌 후 성행위를 하듯이 몸을 흔들었다.

Accordingly, the defendant committed an indecent act against the victim in a state of resistance.

B. On the grounds indicated in its reasoning, the lower court found the Defendant guilty of the instant facts charged on the ground that: (a) under the influence of alcohol, the Defendant committed an act, such as kneeing the body while kneeing the victim in a state of resistance; (b) it objectively causes sexual humiliation or aversion to the general public; (c) it constitutes an indecent act by infringing on the victim’s sexual freedom; and (d) at the time, it can be recognized that the victim at the time was in a state of resistance unable to resist the victim’s body properly by drinking.

(c)

Article 299 of the Criminal Code provides that a person's mental or physical loss or resistance is not possible.