The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The fact that a mistake of fact-finding defendant has delivered the victim's body, such as the facts charged in the instant case, is recognized.

However, the defendant did not commit such act with the intention to commit an indecent act, and the defendant's act cannot be viewed as an indecent act in the crime of indecent act.

Therefore, the defendant is not guilty, and the judgment of the court below which found the defendant guilty is erroneous.

B. Since the lower court denied the criminal intent as alleged in the grounds of appeal for mistake of facts, the Defendant did not have led to the confession of the facts charged in this case.

Nevertheless, there is a violation of the law that affected the judgment of the court below, which led to a simple trial procedure by deeming that the defendant was led to confession.

C. Of the sentencing department, the sentence of the lower court (three million won of a fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the court below that the defendant and the defense counsel made a statement that they should be tried in accordance with summary trial procedures pursuant to Article 286-3 of the Criminal Procedure Act on the date of the first trial of the court of the trial (as seen in the rear, the defendant and the defense counsel acknowledged all the "facts", but there is no clear statement as to whether the subjective elements of "the intention of indecent act" are included therein, and there is no assertion that this part of the judgment was not made in the first trial, and since the examination of evidence is re-written, the judgment of the court below cannot be maintained further

3. Despite the existence of the above ex officio grounds for reversal of mistake, the defendant's assertion of mistake of facts is still subject to the adjudication of this court, and this is examined.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated at the trial, the Defendant had the intent to commit an indecent act and the victim as stated in the instant facts charged.