The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act by compulsion against the victim by mistake and misapprehension of legal principle.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in October, community service, 120 hours, and 40 hours of attending lectures) is too unreasonable.

2. Determination:

A. On January 4, 2018, the Defendant: (a) committed an indecent act by force against the victim by putting the victim’s left hand on the part of the defective victim, following the victim D (24 years old)’s side at the entrance of the “C” restaurant located in Seocho-gu Seoul Metropolitan Government, at around 22:30 on January 4, 2018.

(2) The lower court found the aforementioned facts charged and convicted of the Defendant on the grounds of the victim’s statement, the victim’s oral statement, and the evidence in its holding, including CCTV images.

(3) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, it is difficult to view that the above evidence alone proves that the defendant forced the victim to commit an indecent act by using the victim’s left hand hand to a restaurant to the extent that it is beyond reasonable doubt that the defendant committed an indecent act by force.

Therefore, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment, and the defendant's above assertion is justified.

① Unlike the facts charged, the CCTV images stated that not only did the Defendant turn on the victim’s hand, but also did not see the Defendant’s hand on the victim’s hand. The Glight that immediately followed the victim.

② Even according to the statement made by the victim, it is unclear in which detail what part of left hand is attached to the defendant in a certain attitude.

③ According to the above images, when the victim enters a restaurant from India, the Defendant was concentrating on gathering two descendants before the entrance of the restaurant while leaving India.