The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant had danced the Defendant’s damages on the shoulder part of the victim, who was at the entrance of the entrance at the time of entering the main points of this case, and did not bring the victim into both arms.

In addition, at the time of entering studio within the main point of the instant case, the Defendant suffered “Ipthle’s clothes well.”

“The victim’s left shoulder was sleeped by the victim’s hand, and there was no fact that the victim sleeped with her mar.

Therefore, the judgment of the court below that found the defendant guilty of the facts charged in this case although the defendant did not forcibly commit an indecent act against the victim was erroneous and adversely affected by the judgment.

2. Determination

A. In full view of the following circumstances admitted by the lower court based on the evidence duly admitted and investigated by the lower court’s determination on the Defendant’s assertion of mistake of facts, the Defendant’s assertion on this part cannot be accepted, since it is acknowledged that the Defendant committed an indecent act by force against the victim as stated in the lower judgment’s judgment, inasmuch as the Defendant’s assertion on this part is not accepted.

① 피해자는 ‘ 이 사건 주점 출입문 앞에서 피고인 일행을 맞이하는데, 갑자기 피고인이 피해자를 끌어안았고, 피해자는 직업 특성상 웬만하면 손님의 기분을 맞춰 줘야 하기 때문에 분위기를 깨고 싶지 않아서 우선 참고 내실로 안내한 후 술잔을 나누어 주었고, 다시 피고인이 피해자의 엉덩이를 둥글게 만지니까 피해자가 더 이상 참지 못하고 항의하며 얼음 통을 들고 테이블 위에 콱 내리쳤는데, 피고인의 친구가 피해자에게 왜 얼음 통을 내리치냐

In the meantime, the purpose of this case’s crime is to be stated in detail to the effect that the refusal to do so took place in the room.