Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

2. An ex officio determination prosecutor filed an application for modification of an indictment with regard to the part on December 11, 2012 in the facts charged as “as of December 201, 2012,” and the part on “in the street” in “F” as “in the vicinity of the playground located in K,” and this court changed the subject of adjudication by granting permission. As such, the lower court found the Defendant guilty of each of the facts charged in the instant case and sentenced a single sentence for concurrent offenders, the lower court’s judgment that rendered a single sentence would no longer be maintained.

Although there is a ground for ex officio reversal, the above argument of mistake of facts by the defendant is still subject to the judgment of this court.

3. Judgment on the defendant's assertion of mistake of facts

A. According to the evidence duly admitted and examined by the lower court and the first instance court as to the indecent act committed on November 27, 2012, the Defendant, as indicated in paragraph (1) of the facts constituting the crime in the lower judgment, may recognize the fact that the victim’s behind the victim, who was seated and worked at the home exhibition company office, kidddds the victim with his own hand, and kids the victim’s chest.

다만 위 증거들에 의하여 인정되는 다음과 같은 사정, 즉 ① 사무실에 다른 직원인 G가 불투명유리칸막이를 사이에 두고 피해자의 옆에 있는 상황에서 피고인이 위와 같은 행위를 한 것인 점, ② 피고인의 행위에 놀란 피해자가 소리를 지르자 옆에 있던 G가 피고인에게 “왜 그러시느냐, 그만 좀 괴롭히시라”고 말을 한 점, ③ 피해자는 원심에서 “소리를 지르고 기분 나쁜 표현을 했다. 그러니까 피고인이 그냥 웃으면서 넘어갔다.”는 취지로 진술한 점 공판기록 43쪽 , ④ 피해자가 위와 같은 추행을 당하고도 같은 날 피고인에게 “다시 넣어드린다 했음ㅋㅋ”, “안녕히 주무세요”,...