A. Although a mistake of facts Defendant may brut the victim C by leaving a subway, and brutly kn the victim C, the Defendant did not intentionally commit an indecent act with the victim’s her tam, the lower court convicting the Defendant of the facts charged, thereby adversely affecting the conclusion of the judgment, on the ground that the lower court erred by misapprehending the facts.

B. The sentence imposed by the lower court (a fine of one million won and an order to complete sexual assault treatment programs 24 hours) is too unreasonable.

2. Determination

A. According to the police statement of the victim C who lawfully adopted and investigated the judgment of the court below on the assertion of mistake of facts, the defendant can sufficiently recognize the victim's her her her her her her her her her her her her son as stated in the judgment of the court below

B. The Defendant has not denied the crime by denying the judgment on the assertion of unfair sentencing, and has not agreed with the victim or has not made any effort to pay damages until the trial is held.

The sentence of the court below is also a sentence imposed by taking into account favorable sentencing factors, such as the fact that the defendant has no other criminal power, and there is no change in the situation in the trial.

In addition, considering the motive and background of the instant crime, the circumstances after the instant crime, the age, career, and environment of the Defendant, as well as the various sentencing conditions shown in the records and pleadings, the lower court’s sentence cannot be deemed unreasonable.

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