A. In the process of overtaking a third party who had been under his custody before the defendant, the defendant was faced with the victim and did not have committed indecent act by compulsion, but the judgment of the court below is erroneous in the misconception of facts because it judged the defendant guilty of the facts charged in this case.

B. The judgment of the court below on unreasonable sentencing (the fine of three million won and the completion of sexual assault treatment programs) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the following facts are recognized.

① The victim stated that the defendant was her her butt, and this is clearly distinguishable from the contact that may occur in the swimming in light of his/her her her her her her her her her her her own her butt, and that he/ she too her her

② According to CCTV images, there is no possibility that the victim may conflict with a third party other than the defendant.

③ Even if the Defendant got out to the right side to overtake a third party, it seems difficult for the Defendant to intentionally see with the victim, considering the width of rash because the victim was placed on the right side of the way.

④ 금전적 요구를 하지 않았고, 다수의 사람들이 지켜보는 가운데 피고인에게 추행행위를 항의하는 것을 무릅쓴 피해자의 태도에 비추어, 피해자가 단순한 충돌을 추행으로 과장하여 진술하였다고 보기 어렵다.

In addition to the above facts, the victim's statement is consistent in important parts, and the credibility is supported by the statement of witness G and CCTV images of the court below, so the judgment of the court below which found the defendant guilty of the facts charged of this case is sufficiently acceptable, and the defendant's assertion of mistake of facts is without merit

B. We examine the argument of unfair sentencing, and the defendant did not reflect on the argument of unfair sentencing.