The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant alleged a mistake of fact was unable to divide his body by drinking so that he could not commit indecent acts, such as kiscing the victim, and even if he committed such indecent acts by force, the lower court found the Defendant guilty despite the absence of the intention of indecent acts by force, and erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

B. The Defendant, at the time of committing the instant crime, was in the state of mental disorder by drinking.

C. The sentence (5 million won of fine) imposed by the lower court on the ground of unreasonable sentencing is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts found based on the evidence duly admitted and investigated by the court below, that is, ① the victim stated at the investigative agency that "the victim was kiscing kiscing by leaving kiscing kiscing." ② The crime of this case was committed in the situation where there are many witnesses, such as 6 students in high school near the 24-hour convenience store although she was at night, and F.I.D. witness the situation at the time stated at the investigative agency that "the son was kiscing and kiscing kis," ③ the victim stated at the investigative agency that "the defendant was "I must go within the house," and the defendant stated from the beginning that "the defendant was not able to escape because she was kiscing and kiscing at the bar," and ④ the defendant also stated at the investigative agency that "the defendant forced the victim to report the harm without any justifiable reason and forced the victim to commit an indecent act."

The judgment of the court below to the same purport is just, and it is alleged by the defendant.