The judgment of the first instance shall be reversed.

The sentence of sentence against the defendant shall be suspended.

1. The judgment of this court on the mistake of facts in the gist of the grounds for appeal (the defendant did not have the intent to commit an indecent act against the defendant), mental and physical disorder, and unfair sentencing

A. According to the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant committed an indecent act against the victim as stated in the judgment of the first instance court as the criminal intent of indecent act. Thus, the above argument by the defendant disputing this issue cannot be accepted.

B. According to the record as to the assertion of mental disorder, even though the fact that the defendant committed each of the crimes of this case under the influence of drinking is recognized, it is difficult to view that such a result led to changing things or falling short of the ability to make a decision, and therefore, it is difficult to accept the above argument of the defendant disputing this point.

C. Although there was no agreement with the victim on the assertion of unfair sentencing even yet, in full view of the following: (a) the Defendant did not have any particular criminal power; (b) the Defendant’s age, character and conduct, family circumstances, conditions before and after the instant crime; and (c) the Defendant’s career and good behavior; and (d) the Defendant’s risk of recidivism, which could have been delayed by taking into account various sentencing conditions indicated in the instant argument, including the following: (a) the details and degree of the instant indecent act; and (b) the Defendant’s age, character and conduct, family circumstances before and after the instant crime; and (b) the Defendant’s career

3. Accordingly, the defendant's appeal is accepted, and the judgment of the first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment is reversed, and the pleading is followed again

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Request for the selection of applicable laws and punishment concerning facts constituting an offense;