The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. (1) The Defendant only committed an indecent act against the victim for the purpose of misunderstanding of facts, with the fact that he takes or she takes a blood job near the victim's chest and the part on the part of the mother.

(2) The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The judgment on the grounds for ex officio appeal following changes in indictment shall be considered ex officio.

In the first instance trial, the prosecutor changed the previous facts charged into “indecent act” part of the previous facts charged as the primary facts charged, and applied for modification of the indictment with regard to this part by adding “Indecent Act on the Protection of Children and Juveniles against Sexual Abuse” and “Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse” as the name of the crime and applicable provisions of the same Act. Since this Court permitted this, the judgment of the court below is no longer maintained.

However, even if there is a reason to reverse ex officio, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court.

3. Judgment on the defendant's assertion of mistake of facts

A. On February 23, 2013, the Defendant’s summary of the facts charged in this part of the facts charged is a member of Suwon-si E (hereinafter “Korea Council member”) located in Suwon-si around February 23, 2013.

(2) The following facts are acknowledged by the records of the judgment: (a) the victim’s chest was taken into the victim’s chest, and the victim’s chest was taken out, and the victim’s chest was taken out, and the victim committed indecent act by force (principal facts charged) or by deceptive means (principal facts charged). (b) The victim committed indecent act in the marina room as follows.