가. 사실오인 1) 강제추행 피고인은 뇌출혈 후유증으로 감각이 없는 왼쪽 다리를 피해자의 오른쪽 다리에 붙여 추행할 이유가 없으므로 추행의 고의가 인정되지 않는다. 2) 폭행 피고인은 피해자의 어깨를 툭 친 사실은 인정하나, 얼굴을 밀쳐 폭행한 사실은 없다.

B. Even if the conviction of unfair sentencing is recognized, the sentence (2 million won of fine, 40 hours of order to complete the program) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The court below's 1nd indecent act by compulsion on mistake of facts stated in the circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the victim stated in the investigative agency and the court of the court below that "the right bridge on the rear wheels of the bus and the defendant's left bridge were faced to the port, followed, and repeated contact." ② Considering that the defendant's left shoulder is a bridge, the defendant's bridge was in contact with the victim's bridge, and the victim was in contact with the victim's bridge, and it is not likely that the victim did not contact again, but the victim did not know about the victim's bridge until he was punished, and the victim was in contact with the victim's bridge in light of the victim's body condition and the defendant's body condition."