The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts as to the indecent act by force against the victim K or misunderstanding of legal principles as to the indecent act by force against the victim K (1) although the defendant was in charge of the shoulder of the victim K by hand, there was no fact that he induced the victim to commit an indecent act, or made an obscene statement like the facts charged.

② Furthermore, in light of the fact that the Defendant: (a) talked with other female employees as “N” and talked with the said victim; and (b) the Defendant did not have any reason to compel the said victim to commit an indecent act on the ground that he had a sense to other female employees at the time; and (c) the Defendant did not have any reason to force the said victim to commit an indecent act by force, the Defendant cannot be deemed to have committed an act of taking charge of the said victim’s shoulder with the intent of indecent act by force.

B. The sentence imposed by the lower court on the Defendant (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. The following facts or circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, up to the police, the prosecutor's office, and the court of the court below, consistently made a statement to the effect that "the defendant: (a) after having taken a custody of the victim's shoulder, the defendant was using the victim's shoulder; and (b) "the defendant was using the victim's shoulder at 17cc and 2 million won, and carried out a 3-time operation"; (c) the victim expressed his intention to refuse the victim to write down the defendant's fake; (d) M, a worker's club, was presented in the court of the court of the court below to the effect that "the victim was able to write off the victim's shoulder; (e) the victim was able to write off the victim's shoulder; and (e) the victim was able to write the victim's face at the court of the court of the court below, which was the victim's work bonus, and the defendant stated that the victim was able to write the victim's her seat.