The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the grounds for appeal by the defense counsel (fact-finding) was merely stated to the effect that the police officer F sent to the "Dju (hereinafter referred to as the "Dju") located in Siung-si after receiving a report 112, stated to the effect that "no indecent act shall be deemed to be an indecent act on the Skin's leadership made with mutual consent," and that he forced him to leave his chest and did not constitute an indecent act.

E is alleged to have no drinking alcohol with the Defendant, while E is subject to criminal punishment due to the testimony of G operating the main point of this case and the criminal facts that G employed as a loan of contact with the Defendant, etc., the statement of E is not reliable.

The Defendant and E, at the main point of the instant case, had a brupt atmosphere, such as drinking one hour together with drinking alcohol, showing a frush and an individual organ, and the body was closely adhered to each other, and there was a physical contact in such process.

Nevertheless, the lower court erred by misapprehending the facts based on the statements of E and F, etc. without credibility, thereby finding the Defendant guilty of the instant facts charged.

2. Determination

A. We examine ex officio prior to determining the grounds for appeal for ex officio determination.

In the case of the trial, the prosecutor applied for changes in the indictment of this case as follows, and this court permitted changes in the indictment, and thus the judgment of the court below cannot be maintained any more.

However, the revised facts charged are merely excluding part of the indecent conduct committed by the court below, and thus, the defense counsel's assertion of mistake of facts is still subject to the judgment of this court even though there is a ground for ex officio reversal.

B. (1) The facts charged prior to the amendment and the judgment of the court below prior to the amendment of the judgment of the grounds for appeal.