The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. Grounds for appeal (the factual error);

A. The Defendant, as stated in the facts charged, refers to the purport that he would go to the telecom, and there was no string of the victim’s arms.

B. Although the Defendant, by misapprehending the legal doctrine, led the victim’s arms, such an act cannot be deemed as constituting an “indecent act,” which is a constituent element of the crime of indecent act by compulsion.

C. The lower court’s sentence of unreasonable sentencing (the fine of five million won and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. The summary of the facts charged is as follows: (a) around January 22:40, 2018, the Defendant committed an indecent act by force against the victim D (the victim, 32 years of age) who emitted from the convenience store located near Seongdong-gu Seoul Metropolitan Government C (the victim, who is frighten with drinking alcohol in the telecom).

B. According to the records of this case, the following facts and circumstances are revealed. ① Evidence that the Defendant: (a) led the victim’s arms or told the her arm’s length; and (b) there is no direct evidence other than the victim’s statement. At the investigation stage, the victim consistently stated that there was an act identical to the facts charged. However, at the time of the court below’s oral statement, the victim did not specifically state how the Defendant responded or responded to the intent of the her arm’s length at the time of the statement; (b) stated that the her arm’s length from the Defendant at the time of the time of the lower court’s oral statement that the her arm’s length was not memory; and (c) when the her arm’s length was used (whether the her arm’s length was intended to enter convenience points; and (d) there is any doubt that the victim’s statement in an investigative agency is consistent with the objective facts, such as making

② At the time of leaving the victim’s food convenience point, the Defendant told the victim to the effect that “ how the victim spawn spawn spawn and spawn spawn spawn.”