The judgment below

Part 1 of the judgment is reversed.

A defendant shall be punished by imprisonment for four months.

except that this judgment.

1. Summary of grounds for appeal;

가. 사실오인 1) 원심 판시 제1죄(강제추행) 피고인은 피해자 D의 허리를 감싸 안은 것이 아니라 술에 취하여 중심을 잃고 피해자 D의 허리에 손을 기댔을 뿐이고, 이는 사회상규에 위배되지 아니하는 행위에 해당하는데도 원심은 이를 유죄로 인정한 사실오인의 위법이 있다. 2) 원심 판시 제3의 나.

1) The facts that the Defendant committed the crime of paragraph (1) (an confinement for the victim K) together with the victim K and her mother are recognized. However, the victim was in a free condition, and thus, the victim did not constitute the crime of confinement, the lower court erred by misapprehending the facts found guilty. 3-B of the judgment of the lower court.

2) The fact that the Defendant was at the victim’s N, but the victim was at the victim’s her mother. However, there was an error of misunderstanding of facts found guilty of the crime of confinement, even though the victim did not establish the crime of confinement since she was free access at the her mother. 4) The statement of the victim T was not consistent, and the victim stated that the crime of this case was committed on the alley of low time, but the victim’s statement was made on the alley of low time. However, the victim’s statement is not reliable because it is difficult to understand or report the fact that the victim did not have been present at all.

Nevertheless, the court below erred by misunderstanding the facts found guilty.

B. The lower court’s sentence of unreasonable sentencing (Article 1: 4 months of imprisonment: 2 years of suspension of execution; 40 hours of an order to attend a lecture; 3 years of an employment restriction order; 1 year and 6 months of imprisonment) is too unreasonable.

2. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904) effective on June 12, 2019, when the court declares a sentence or a medical treatment and custody for sex offenses, the court shall execute such sentence or medical treatment and custody, in whole or in part, by judgment.