The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the Prosecutor, the facts charged in this case can be fully recognized, and the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous in misconception of facts.

2. Before determining the grounds for appeal by the prosecutor ex officio, prior to the determination of the grounds for appeal by the prosecutor ex officio, the prosecutor “disence” in the name of the instant crime, “Article 260(1) of the Criminal Act,” and “Article 260(1) of the Criminal Act” in the applicable provisions of the Act, and applied for the amendment of a bill of amendment to which the contents as stated in the facts charged are added alternatively to each of the facts charged as stated below. As such, the court below found the Defendant guilty of the facts charged alternatively

3. Therefore, the court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and it is decided as follows through oral proceedings without examining the prosecutor's grounds for appeal.

Criminal facts

At around 20:00 on April 29, 2012, the Defendant, in combination with the victim F (50 years of age) in the E-cafeteria located in the D market located in the Seo-gu Busan Metropolitan City, had the victim f (50 years of age), her breast part of the victim's breast part of the victim's breast part of the victim f, and had the victim not feel his refusal to do so.

Summary of Evidence

1. A statement made by the witness F in compliance with this Act in this court;

1. A statement made by the witness G in compliance with the provisions set forth in the original judgment;

1. Application of the statement law to the effect that the witness H stated in the original trial that the victim was not the defendant at the time and place as indicated in the judgment of the court below

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;