(M) In addition, the court below's punishment (5 million won of fine) against the defendant is too unreasonable.

2. Determination

A. The Defendant alleged the same purport in the lower court’s determination of mistake of facts, but the lower court acknowledged that the Defendant committed an indecent act against C like the facts charged by comprehensively taking account of the evidence duly adopted and examined.

Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below which recognized that the defendant committed an indecent act against the victim C is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts, and the above argument by the

B. In light of the favorable circumstances, such as the Defendant’s absence of criminal records of the same kind as the instant crime, and the background, method, and result of the instant crime committed by committing an indecent act against the victim C in the street and assaulting the victim D, thereby causing the injury, the commission of the instant crime is grave; the Defendant did not agree with the victims and did not make any effort to recover damage; and the Defendant’s age, character and behavior, family relationship, environment, occupation, etc., and all other circumstances that form the conditions for sentencing indicated in the records, such as the Defendant’s age, character and behavior, family relation, occupation, etc., the sentence of the lower judgment is too unreasonable.

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