A. The Defendant did not commit an indecent act against the victim as stated in the instant facts charged.

B. The sentence of the lower court (one million won in penalty amount, and 40 hours in order to complete a sexual assault treatment program) is too heavy or unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the Defendant’s assertion by the Defendant is rejected, as it can be acknowledged that the Defendant committed an indecent act against the victim as stated in the instant facts charged.

1) 피해자는 수사기관에서부터 원심에 이르기까지 “ 고속버스를 타고 서울에서 대전으로 내려오던 중 잠이 들었는데 누가 손가락으로 오른쪽 허벅지를 긁듯이 만져서 잠에서 깼다.

It seems that the defendant who sleeped on the side sleeped was sleeped to sleep, and it was thought that he was sleeped.

However, after that, the snow was stored at the right bucks of the capital and up to the bucks.

A relatively consistent statement is made on the background and process of committing indecent act, content, and the situation before and after the arrival of the Daejeon Terminal, stating that “The report was made to the police at home after arrival.”

2) 피해자는 이 사건 발생 직후에 추행을 당한 것으로 인해 112 신고를 하였는데, 신고 경위나 신고 내용이 특별히 꾸밈이 없고 자연스럽다고

I seem to appear.

3) There is a space between the victim and the defendant without a single face-to-face and there is a sufficient motive for the victim to make a false statement even when the victim expects criminal punishment.

It is difficult to see it.

B. As to the unfair argument of sentencing, the Defendant has yet to reach the age, and the primary offender is more favorable.

However, the nature of the crime in this case is minor in light of the method and degree of prosecution.

shall be deemed to be.