The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. At the time of the instant case, the victim was not in a state of mental or physical loss, and the Defendant was able to be aware of the fact.

As I think that there was a physical contact, there was no intention of forced indecent act.

B. The lower court’s punishment (the completion of 1 year and 6 months of imprisonment, and 40 hours of sexual assault treatment program) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport as the Defendant alleged the aforementioned facts. The lower court appears to have denied the Defendant’s statement in light of the following circumstances, i.e., (i) the victim’s legal statement is specific and consistent; (ii) the victim’s content is consistent with the contents of text messages sent to and received from male-gu on the day of the instant case; and (iii) the victim appears to have been in an abnormal condition at the time of the instant case, even if the Defendant’s statement was made to investigation agency; (iv) the victim’s statement made to the Defendant during physical contact is contradictory to the Defendant’s assertion that physical contact is by agreement; and (iii) the Defendant did not vindicate the victim’s physical contact with the victim after the instant case, and (iv) the victim did not appear to have been responsible for the victim’s behavior or behavior on the day of the instant case.