The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) Although there was a fact that the Defendant had been slicked with the victim in the part of the “E apartment building” play frame in the part of the time frame as indicated in the facts charged, there was no fact that the part of the victim’s sexual organ was slick as shown in the facts charged, and there was no intention to commit an indecent act. 2) The sentence of the lower court is too unreasonable.

B. A prosecutor 1) Although there was evidence proving the facts charged by indecent act by force during September 2012, the lower court rendered a judgment of not guilty on the ground that the lower court erred by misapprehending the facts. 2) The lower court’s sentence is too uneasible and unreasonable.

2. Determination

A. The lower court also asserted that the Defendant had the same purport as that of the grounds for appeal in this part, and the lower court rejected the Defendant’s above assertion by providing a detailed statement of the judgment on the Defendant’s assertion under the title “judgment on the Defendant’s argument” in the said judgment.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant's assertion is without merit, since it is acknowledged that the defendant intentionally met the part of clothes with the victim's sexual intercourse at the time and place stated in the facts of crime.

① The victim consistently stated that the Defendant was aware of the victim’s sexual organ on his/her hand. According to the on-site CCTV images that take place at the time, the victim’s body toward the left side by avoiding the Defendant, and thus, it is difficult to easily see the situation where the Defendant’s hand floor passed on the right side of the victim’s sexual organ contact with the victim’s sexual organ.

2. The injured party makes a statement by clearly distinguishing between the cases of friendship and intentional exhaustion of sexual parts.

③ On October 6, 2012, immediately after the instant case, the victim filed a report to 117 immediately before and after the date of the instant report, and the details of the report were also confined by the Defendant’s hand to the part of the victim’s sexual flag.