The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal by the defendant and his defense counsel

A. The Defendant, at the main point, misunderstanding of facts, she saw her chest under the influence of alcohol while drinking together with D.

At the permission of D, the breast was only stored, and the breast was not stored in a D's lock, which was laid down next to the passenger, by inserting his own hand, into the d's pursuant to which he was sitting.

Nevertheless, the lower court found the Defendant guilty of the facts charged on the ground of the testimony of D without credibility, etc., thereby misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the fact that the crime of this case committed the crime of this case was committed by the defendant at the main point and there are circumstances to take into account the circumstances leading up to the crime, the degree of conduct is not severe, and the defendant is a recipient of basic living, it is unreasonable for the court below to impose an order to complete a sexual assault treatment program for a fine of 3 million won and 40 hours.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) the Defendant, at around 03:30 on March 9, 2015, engaged in “C” drinking houses located in Suwon-si B, Suwon-si, Suwon-si; (b) the victim D (V, 47 years of age) who is an employee, was seated next to the victim’s self-scam in order to contact with the visitors, thereby committing an indecent act by forcing the victim’s chest.

B. The lower court found the Defendant guilty of the facts charged of this case on the ground that the Defendant’s legal statement in the lower court, the police statement in D related to D, on-site pictures, and investigation reports (on-site situations at the time of dispatch) to the effect that the delivery of D’s chests at the date and place indicated in the facts charged is true.

However, we cannot agree with the above decision of the court below for the following reasons.

(c)

(1) First, the evidence submitted by the prosecutor is examined.

(A) The following can be recognized based on the court’s oral statement at D; the police interrogation protocol on D; the police testimony protocol on D; and the evidence duly admitted and investigated by the court below.