A. The Defendant did not commit an indecent act against the victim.

B. The punishment sentenced by the court below (the first crime of the original decision: imprisonment with prison labor for three months and the second crime of the original decision: imprisonment with prison labor for five months) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below also asserted the same purport as the grounds for appeal in this part, and the court below rejected the above assertion by explaining the judgment as stipulated in Paragraph 2 under the title "the judgment on the defendant and his defense counsel's assertion" in the judgment. The court below's aforementioned judgment is justified in comparison with the records, and there is no error of misconception of facts as alleged by the defendant.

Therefore, the defendant's above assertion is without merit.

B. As to the allegation of unfair sentencing, it is recognized that the principle of equity should be considered at the same time with the final and conclusive crime as the judgment of the court below regarding the allegation of unfair sentencing.

However, on May 31, 2017, the Defendant was sentenced to a fine of 6 million won for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.) at the Seoul Central District Court. Moreover, even though the Defendant had been sentenced to a suspended sentence of 2 years for imprisonment for the same kind of crime which became final and conclusive in the judgment of the court below, he again committed the second crime as stated in the judgment of the court below after

In addition, the defendant committed an indecent act against the victim on two occasions, thereby causing considerable mental suffering, and did not receive any suspicion from the victim.

In addition, comprehensively taking account of the defendant's age, character and conduct, environment, etc., the sentence of the court below is too unreasonable, and the defendant's above assertion is not reasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.