The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 80,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the fact that at the time of misunderstanding the fact, the Defendant was in a drunken state at the time of drinking, the Defendant’s breathing of the victim’s breath was done in the process of drinking together with drinking alcohol, and the Defendant’s breathing of the victim’s breath was revealed to have been committed in the process of preventing the victim from leaving the Defendant, and then, it appears that the victim was committed an indecent act against the Defendant.

It is difficult to see it.

B. The sentence of the lower court (2 million won in penalty, and 40 hours in order to complete a sexual assault treatment program) is too heavy or unreasonable.

2. Judgment on the assertion of mistake of facts

A. The following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below as to the act of using the victim's face in a humf from the humf to the humf, i.e., (i) the defendant, who is an employee at a contracting position at the educational assistance agency, whose age is at least 30 years different, appears to be merely the fact that the defendant was in a simple occupational relationship with his subordinate employee. (ii) According to the victim's statement, the defendant mentioned the victim in a humf with the victim while drinking with the victim, and asked the victim's face to be humfed by the defendant's humf with the left hand, and then humfing the victim's face to the humf (Article 8 and 9 of the record of evidence). The victim's physical contact method contact with the victim by the defendant may cause sexual humiliation or aversion to the general public; and (iii) the victim actually made a statement in an investigative agency to the effect that the victim might feel the victim's face.