A. Defendant (1) misunderstanding of facts is erroneous in the misapprehension of facts in the judgment of the court below that found Defendant (1) guilty of the facts charged, despite the fact that he had intentionally committed an indecent act on the part of the victim as stated in the judgment of the court below, even though he was under the influence of alcohol and lost a pure balance with Escopers.

(2) The lower court’s sentence of unreasonable sentencing (1.5 million won by fine) is unreasonable.

B. The prosecutor’s sentence of the lower court is unreasonable as it is unhutiled.

2. Determination

A. The circumstances acknowledged by the evidence duly adopted and investigated by the court below, such as the victim's statement at the court below and the investigation agency's statement, CD-related images, and each investigation report, etc., of the victim's assertion of mistake of facts, that is, the victim has credibility because the victim has made clear and consistent statements about the details and contents of the indecent act. Even according to CCTV images at the time, the defendant is passing through escalator, and the victim has contacted the victim's left side with the victim's secret, and the situation where the victim immediately faced with the victim's shoulder, and the situation where the victim took the defendant's behavior behind the victim's shoulder, and the victim took the defendant's behavior. After the victim reported to the police, the victim continued to drive the defendant until the police officer got out, and the victim tried to get out of the subway path, and the victim was sufficiently able to get out of the subway station, and thus, tried to take out the victim's action at the destination, not by the subway.