All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a period of two years and six months and by a fine of five thousand won.

Defendant.

1. A summary of the grounds for appeal: (a) Of the judgment of the court below of the court below (defendants) No. 3, the Defendant committed assault (2017 order 5125) against the victim’s breath; (b) the Defendant’s breath was in line with the breath of the victim’s breath, but there was no fact that

② As to the judgment of the second instance court on the charge of mental and physical weakness (defendants), the Defendant had a physical and mental weak state due to the existence of alcohol alcohol at the time indicated in the facts charged.

(3) Each sentence (the first instance court: the fine of KRW 3 million; the second instance court; the fine of KRW 500,000,000: Imprisonment for one year and six months; the fine of KRW 500,000; the third instance court: imprisonment for one year and six months; the order to complete a sexual assault treatment program; the order to disclose and notify personal information; the disclosure of personal information; and the order to notify personal information) imposed by the original court is too heavy (the prosecutor: the first instance court); or the second instance court is too heavy (the prosecutor: the first instance court).

2. Prior to the judgment on the grounds of appeal by the defendant and the prosecutor, the defendant and the prosecutor filed an appeal against the judgment of the court below and deliberated both in the court of first instance. As a result, each crime of the judgment of the court below against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment for each type of punishment shall be imposed within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be exempted from all reversal.

However, the defendant's assertion of mistake as to the judgment of the court of third instance and the defendant's assertion of mental and physical weakness against the judgment of the court of second instance can still be subject to the judgment of the court of this Court, which is examined.

3. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mistake of facts, namely, the victim X appeared as a witness to an investigation agency and the Defendant expressed his chest at the time when the Defendant wishes to do so.