The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The defendant (misunderstanding of facts) was in the opposite direction to the defendant at the time, and the defendant did not commit an indecent act against the victim.

B. The prosecutor (unfair sentencing) of the lower court’s sentence (an amount of KRW 5 million) is too unreasonable.

2. Determination

A. In light of the following circumstances admitted by the lower court based on the evidence duly admitted and examined by the lower court to find the Defendant’s assertion of mistake of facts, this part of the Defendant’s assertion is without merit.

① 피해자는 수사단계에서부터 원심 법정에 이르기까지 일관되게 ㈀ 피해자가 보호자 침대에서 피해자의 아버지와 반대방향( 다른 환자들과 반대 방향 )으로 누워 반바지를 입은 상태에서 무릎을 세운 상태에서 잠이 들었고 ㈁ 왼쪽 허벅지를 누군가가 만지는 느낌에 잠이 깨 었으며 ㈂ 자신의 허벅지를 만지는 손이 피고인의 손이란 걸 깨닫고 손을 쳐내니 피고인이 헛기침을 하며 손을 거두었으며 ㈃ 그 과정에서 피고인 손이 피고인 침대 난간에 설치되어 있던 낙상 방지대 틈새로 나와 있었고 ㈄ 피고인은 피해자와 같은 방향( 다른 환자들과 반대 방향 )으로 누워 있었다고

was stated.

As the background of the victim's statement is specific, consistent, and the police, it was revealed that the defendant took the opposite direction with other patients (the same direction as the victim was the victim), and the victim was knee and takes knee in the process of investigation, the defendant could cross up the victim's bucks. Therefore, the victim's statement can be believed (the victim was sent to the defendant's hand at the investigation stage and the court below at the time of the case, and the victim showed the prevention team installed on the part of the defendant's buck, and the defendant's hand is going out to cross up with the prevention team.