The judgment of the court below is reversed.

The defendant shall be innocent.

1. According to the statements made by the victim consistently and specifically, the charges of this case are found guilty according to the following facts: in a situation where the defendant was on board the top of the vehicle driving by the defendant and stopped at the parking lot, the defendant was committed indecent act against the victim's will, such as drinking and kising against the victim's will.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor examined the case at the trial before the judgment on the grounds for appeal ex officio, and the prosecutor applied for amendments to the indictment with the purport that "I am kn't kn't kn't kn's own kn's own kn's own kn's own kn's own kn's own kn't kn's own kn't kn's own kn't kn's own kn't kn's own kn't kn't kn's own kn't kn's own kn's own kn's own kn's own kn's own kn't kn'

The facts charged that was revised in the trial of the original instance were conducted at a somewhat different level of time order of indecent act based on the victim’s statement in the original trial. Since most fundamental facts are identical compared to the facts charged before and after the amendment, the following facts do not distinguish the facts charged before and after the amendment, and are specified as “instant facts charged.”

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court.

3. Judgment on misconception of facts and misapprehension of legal principles

A. The summary of the facts charged was around November 2013, the Defendant, along with the victim B (V, 40 years of age), engaged in apartment sale business for “C” to sell apartment units.

Defendant D. At around 19:00 on the non-regular day of the same month, the Defendant was in front of the non-fluence in Pyeongtaek-si.