The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal by defense counsel;

A. As stated in the facts charged, the Defendant did not have any misunderstanding of facts, as the victim E turns on several occasions from the outer side, or put his hand into the victim’s boom.

At the time when the injured person was committed an indecent act, the Defendant was under the direction of the injured person, and even when he was able to see the injured person’s knife his body at the bottom of the injured person’s growth, it would be a form that flife the injured person’s body due to his fingers, and it is impossible to implement the same trend behavior at the location where the injured person was stated by the injured person, such as not being able to flife as the knife the knife, but it was fl

D In the location of D, only with a part outside the body of the victim, can knife the part of the victim as they turn on the part of the victim, and can easily put the loss into the part of the victim.

피고인은 허리가 너무 아파 D의 허락을 받고 침대 위로 올라간 것이지만 피해자는 추행을 당하고 눈을 떴을 때 피고인이 피해자가 예상한 위치와 다른 곳에 있자 충분한 근거가 없음에도 피고인을 범인으로 단정해 버렸다.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of the facts charged based on the statement of the victim without credibility.

B. In light of the fact that the criminal defendant was not subject to criminal punishment, the sentence of the court below that sentenced the order to complete a sexual assault treatment program program for 6 months and 40 hours is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly adopted and investigated by the trial court, namely, ① the victim, from the investigation agency to the trial court at the time of the defendant, D, and K’s residence at around 03:00 on May 21, 2016, until the trial court at the time of the defendant, D, and K’s house.