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. In the judgment of the court below that found the Defendant guilty of the attempted indecent act against the victim G despite the absence of the intention to commit an indecent act, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine.

B. The punishment of the lower court is too heavy.

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, the Defendant asserted to the same effect as the grounds for appeal in this part, and the lower court rejected the above assertion in detail by stating in detail the judgment. In light of the records of this case, the lower court’s aforementioned determination is just and acceptable. In so doing, the lower court erred by misapprehending the legal doctrine on a mistake of facts or an indecent act by force

subsection (b) of this section.

B. As to the wrongful assertion of sentencing, the crime of this case is an unfavorable circumstance against the Defendant, such as: (a) the Defendant tried to continuously commit an indecent act against the victim G at night; and (b) inflicted an injury on the victim H, who is the husband of the said victim, seeking to restrain it; and (c) the Defendant’s denial of the intent of forced indecent act up to the trial.

On the other hand, the extent of the injury suffered by the victim H is not severe, and the indecent act committed against the victim G was committed in attempted attempt, the defendant agreed with the victims that the victims do not want the punishment, the defendant had the same criminal record and criminal punishment, the defendant did not have any criminal record and criminal punishment, and the defendant had committed each of the crimes in this case by misunderstanding the victim G as a pet, which may be somewhat considered in the course of the crime in favor of the defendant.

In full view of all the circumstances, such as the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, relationship with the victim, circumstances after the crime, etc., and the sentencing conditions indicated in the present argument and the record.