The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim regarding the indecent act by compulsion as stated in the judgment of the court below.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the evidence duly adopted and examined in the lower court as to the Defendant’s assertion of mistake of facts: ① The victim requested that the Defendant continue to drink and tobacco on July 16, 2014 when the Defendant was under the influence of the victim while drinking alcohol and drinking alcohol on or before the lower court’s trial, and prevented the victim from resisting, plucking, and making the victim’s right part of the victim’s chests several times, and only several times when the victim faces the victim’s chests. ② N, a witness at that time, appears to have been aware of the situation at the time. ③ In light of the relationship between the Defendant and the victim and the victim and the circumstances before and after the instant crime, it is difficult to find any special reason or motive that the Defendant committed an indecent act in mistake of facts as stated in the lower judgment, the Defendant’s assertion is without merit.

나. 피고인의 양형부당 주장에 관하여 피고인은 피해자의 오른쪽 팔을 잡아 꺽어 저항하지 못하게 하고 가슴을 만지는 등 이 사건 강제추행에 이른 경위 및 내용에 비추어 죄질이 좋지 아니한 점, 이 사건 강제추행으로 피해자가 상당한 정신적 고통을 겪었을 것으로 보이는 점, 이 사건 범행의 피해자들과 합의되지 않은 점, 이미 동종 절도, 업무방해 범행으로 형사처벌을 받은 전력이 상당히...