A. The judgment of the court below that found the defendant guilty of this part of the facts charged without an intention to commit an indecent act even though the defendant had a physical contact with the victim during the original trial (the judgment of the court below's erroneous determination of facts and unfair sentencing).

In addition, the punishment of the court below (2 million won of fine) is too unreasonable.

B. The judgment of the court below which acquitted the defendant of this part of the facts charged, even though the defendant was found guilty of an indecent act against the victim in his name, in full view of the fact that the defendant led to confession by the prosecution, and the result of the video analysis on the face of the crime.

2. Determination

A. We first examine the Defendant’s assertion of mistake of facts.

The defendant has made the same assertion in the court below, and the court below rejected the defendant's assertion on the grounds as stated in its reasoning. In light of the evidence duly admitted and examined by the court below and the reasoning of the court below, the above judgment of the court below is justified, and it does not seem that there was an error of mistake of fact as alleged by

Therefore, this part of the defendant's argument is without merit.

Next, I examine the argument on unfair sentencing.

Although there is no record of criminal punishment against the defendant, the crime of this case is an indecent act against the victim within the subway, and it is not good that the crime of this case is committed.

The above circumstances are as follows: (a) comprehensively taking account of the circumstances that led to the Defendant to commit the crime, the Defendant’s age, health status, character and conduct, environment, and circumstances that are conditions for sentencing as indicated in the instant case, the lower court’s punishment is too unreasonable; and (b) therefore, the Defendant’s allegation in this part is not reasonable.

B. Prosecutor’s assertion that the court below duly adopted and examined the evidence and the circumstances presented by the prosecutor are in the appellate court.