The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) did not forcibly commit an indecent act against the victim’s will against the victim’s will, and there was no intention to commit an indecent act by force.

B. The prosecutor (unfair sentencing)’s sentence of the lower court (an amount of KRW 5 million) is too unhued and unfair.

2. Determination

가. 이 사건 공소사실 피고인은 2016. 7. 20. 02:18 경 서울 서초구 F에 있는 클럽 ‘G ’에서 처음 만난 피해자 H( 여, 21세 )에게 접근하여 피해자와 함께 서울 서초구 I에 있는 ‘J 호텔’ 로 간 뒤 밖으로 나가려고 하는 피해자를 잡아 끌어 위 호텔 601호로 데려가 갑자기 피해자를 잡아당겨 침대에 눕히고 “ 여자도 하고 싶잖아

“A victim, who was under the influence of the victim, was fluordd with the victim’s bat, her chest and her chest, who was willing to leave the victim’s room in his/her arms, was forced to commit an indecent act on the victim’s bridge by using the victim’s bat, so that he/she was unable to resist and forced the victim to resist.

B. The lower court determined that the Defendant committed an indecent act by force against the victim’s will.

Recognizing the instant facts charged, the lower court convicted the Defendant.

(c)

In full view of the following circumstances recognized based on the records of the above deliberation, the evidence submitted by the prosecutor alone proves that the defendant committed an indecent act against the victim's will by force against the victim, and that the defendant was forced to commit an indecent act by force against the victim to the extent that there is no reasonable doubt.

It is difficult to see it.

Defendant’s assertion of mistake is with merit.

(1) At the time of the instant case, the Defendant initially maintained dancing with the victim who had meted in G at the time of the instant club, and was in a way consistent with each other’s body in the process.

(2) The Defendant, on the premise of having a sexual intercourse with the victim, moved from the said club to the “J hotel” with the victim, and brought the taxi to the “J hotel.” The Defendant, even within the taxi, shall have the victim fit for the victim and shall have the body of the victim.