1. The judgment of the court below is reversed.

2. The defendant shall be punished by a fine of three million won.

3. The defendant does not pay a fine;

1. Summary of grounds for appeal;

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

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. We examine ex officio the defendant's grounds for appeal prior to the judgment.

Since the prosecutor filed a motion to change the indictment in exchange for the facts charged at the trial court, and the subject of the judgment by this court was changed, the judgment of the court below cannot be maintained any more.

However, despite the above reasons for reversal of authority, the argument of mistake of facts as to the defendant's indecent act by compulsion is still subject to the judgment of this court, and this is examined.

B. According to the evidence duly adopted and examined by the court below, and according to the D's investigation agency that can recognize credibility, in particular, and the statement in the court of original instance and the court of original instance, the defendant can sufficiently recognize the fact that he committed an indecent act against the victim as stated in the judgment of the court

Therefore, Defendant’s assertion is without merit.

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above judgment of the court below is a ground for reversal of authority as seen above.

The facts of the crime and the summary of the evidence recognized by this court are all the facts of the crime and the summary of the evidence, except that the second part of the facts of the crime in the original judgment is "on the left hand" as "on the part of the facts of the crime in the original judgment," and therefore, they are cited as it is in accordance with Article 369

Application of Statutes

1. Relevant legal provisions concerning the facts of crime, Article 298 of the Criminal Act selection of punishment, and selection of fines;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The conditions favorable to the defendant shall be as follows:

Punishment of the same kind or imprisonment without prison labor or more.