The judgment below

The guilty part (including the acquittal part of the reason) shall be reversed.

A defendant shall be punished by imprisonment for six months.

(b).

1. The progress and the public prosecutor of the lower court prosecuted the Defendant as the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Offense of Rape, Rape, etc.), injuring the Defendant, and causing property damage; the lower court found the Defendant guilty of the part of the charges, and found the Defendant not guilty of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Offense of Rape, etc.) and the part concerning the damage to property, but found the Defendant guilty of

With regard to this, the prosecutor appealed on the grounds of mistake of facts (not guilty part) and unreasonable sentencing.

2. Summary of grounds for appeal by a prosecutor;

A. In light of the fact that the statement of the victim of mistake of facts is concrete and partially changed, while the defendant's assertion falls short of credibility due to a record of a suspicion of authenticity, etc., it can be acknowledged that the defendant forced the victim to commit an indecent act and has broken the victim's cellular phone apparatus on the floor.

B. The lower court’s sentence of an unreasonable sentencing (4 million won of a fine) imposed on the Defendant is too uneased and unreasonable.

3. Judgment on the assertion of mistake of facts

A. From 0:11 on June 21, 2012, the Defendant: (a) committed an indecent act against the victim, such as violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (including Residence Rape, etc.); (b) violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (including Residence Rape, etc.); (c) violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (including Residence Rape, etc.) committed an indecent act against the victim, by: (d) putting the victim into the counseling room run by the third floor of the building in Gwangju North-gu, Gwangju; and (d) breaking the victim’s hand into the counseling room without permission; (e) putting the victim into the counseling room without permission; and (e) putting the suck, suck, chest and head into the lecture room; and (e) breaking the victim’s hand against it.

(2) The Defendant who destroyed and damaged property at the above time and place.