A. Although the Defendant did not commit an indecent act against the victim D as stated in the lower judgment, the lower court found the Defendant guilty of the facts charged on the sole basis of the victim and witness E, the lower court erred by misapprehending the facts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant is fully able to recognize the fact that the Defendant committed an indecent act against the victim as stated in the lower judgment. Therefore, the Defendant’s assertion of mistake

1) Since the investigation agency, the victim made a statement several times before the court below and the court of the trial, and the victim made a statement to the court below and the court of the trial, and there was no possibility that the victim made a misunderstanding of the victim who committed an indecent act as the defendant, on the ground that he was unable to see the male-gu in the same way, even though she was unable to see it, and she was flick back to the victim." The victim made a statement to the court below and the court of the trial, and it was very concrete and consistent with the contents of the damage difficult for him to make a statement. The victim made a statement to the victim several times, and it is reasonable in the situation and the situation before and after the statement. 2) The victim saw the defendant as the defendant while she was flick, and memory him at the time of the indecent act and the defendant at the time of the trial, and there was no possibility that the victim committed an indecent act as the defendant, since she did not have committed an indecent act at the time of time.

E at the time of the victim's working, E, which is an investigative agency, the original trial, and the trial court, showed that the defendant was seated in the body of the victim and contacted with the victim, and the victim stated that the victim was able to commit an indecent act, and that the victim was able to find the defendant.