가. 사실 오인 피고인은 당시 성기 부분에 가려움증이 있어 긁다 보니 발기된 것이고, 지하철 안에 사람이 많아 피해자와의 접촉을 최소화하기 위해 양손을 위로 올려 팔짱을 끼었을 뿐 피고인의 성기를 피해 자의 엉덩이에 밀착시킨 사실은 없다.

Even if her her butt part of the victim's her butt, there is a fact that the defendant's sexual intercourse

Even if there are many people in the subway at the time, it is difficult to contact with the accused, and there was no intention to commit indecent act against the accused.

However, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous in the misapprehension of facts.

B. The punishment sentenced by the lower court (six months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 5 years of employment restriction order) is too unreasonable.

2. The judgment of the court below as to the assertion of mistake of facts is based on the evidence duly adopted and investigated, that is, ① the identification of the crime of this case and the arrest process of the Defendant’s flagrant offender; ② the Defendant, who asked the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her.

Therefore, the defendant's mistake is erroneous.