A. Although the body of the defendant in the subway where mistake of facts and misapprehension of legal principles are mixed with the body of the victim in the subway, the victim does not have contact with the victim's body, and the defendant did not have any intent to commit indecent act.

B. The sentence imposed by the lower court (one million won of fine and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. The Defendant asserted that the mistake of facts and misapprehension of the legal principles were identical to the grounds for appeal in the lower court, and the lower court rejected the Defendant’s assertion in detail on the grounds of the Defendant’s argument and judgment.

In addition to the evidence duly adopted and examined by the court below, the court below stated that the defendant had access to a bridge due to a large number of people and that the bridge would be lost if there is sufficient time for people to get out of the movement station (No. 47 pages of the evidence record), but the victim has been aware that the defendant's act was intentional, and that the defendant's act was the most serious and detailed statement about the situation at the time when the behavior was most serious (No. 22-23 pages of the evidence record) even after the movement was held in the action station.

The defendant's assertion of mistake is without merit.

3. The Defendant is an initial offender to determine the allegation of unfair sentencing.

However, considering that the Defendant did not reflect the instant crime and did not reach an agreement with the victim, the lower court’s punishment is too heavy.

The defendant's assertion of unfair sentencing is without merit.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.