The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the facts charged.

B. The sentence imposed by the court below on the defendant (one hundred months of imprisonment and two years of suspended execution) is too heavy or unreasonable.

2. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court’s determination that found the Defendant guilty of committing an indecent act against the victim is justifiable. Therefore, this part of the Defendant’s assertion is rejected.

The victim has consistently made a statement in the investigative agency that the defendant was about one time his own in his own face, and the victim has credibility in his statement.

(10 pages, 12 pages). (b)

이 사건 범행 직후 피해자가 피고인에게 “이렇게 하고 몸무게도 얼마 안나가네 하면서 막 이 지랄 하는거여, 입에다 혓바닥 내밀고. 그걸 어떻게 가만히 놔두냐고”라고 말하자 피고인이 “맞습니다, 맞습니다”라고 대답한 후 피해자가 “어떻게 하고 키스까지 하느냐고”라고 말하자 “맞습니다, 제가 잘못했습니다. 용서해 주십시오. 제발 한번만 용서해 주십시오. 제발 속죄할 수 있는 기회를 한 번만 주십시오”라고 이야기한 사실을 알 수 있는 바, 이러한 대화 내용 역시 피해자의 진술을 뒷받침한다

(46 pages, 47 pages). (c)

The defendant stated in an investigative agency that he was flicker than the victim's thought that he was flicker and immediately released at the same time (26 pages of investigation record), but the court below stated that it was difficult to cope with the victim's body weight through the defense counsel (43 pages), and that the victim's consent was obtained in the trial.