가. 사실오인 피고인은 원심 판시 범죄사실 일시에 식당 카운터에 앉아 있었는데, 피해자가 다가와서 자신의 허리에 살이 많이 쪘다며 옆구리를 내밀었다.

Therefore, the defendant was aware that the victim was only aware that he had committed an indecent act without the intention of the indecent act, and only one can be divided into the victim's side gate and the autopsy.

In addition, the Defendant did not have any victim who was in front of the restaurant station and the restaurant water purifier.

B. The lower court’s sentence of unreasonable sentencing (fine 10 million won) is too unreasonable.

2. Judgment on the defendant's assertion

A. As to the assertion of mistake of facts, the Defendant and the defense counsel in the judgment of the court below alleged the same purport, and the court below rejected the assertion of the Defendant and the defense counsel in full view of the following circumstances acknowledged by the evidence duly adopted and investigated, and found the Defendant guilty of the

(1) With respect to the contents of the crime, the victim made a relatively concrete and consistent statement concerning the details and process of the crime brought about by the defendant at the place of the crime, the emotional assessment of the victim, the response or response of the victim.

It is difficult to find out any circumstances to suspect the credibility of the victim's statement even if the victim's attitude to state his/her statement was made.

② The Defendant also asserts to the effect that, on the day of the instant crime, the sales slips that have been settled for 10:5:00 p.m. and 11:0 p.m. on the day of each of the instant crimes, it is impossible to commit an indecent act against the victim in the presence of open restaurants.

However, the victim consistently stated in the restaurant that the customer had committed an indecent act, such as the facts stated in the facts constituting the offense in the judgment below, and the victim appeared to have been sufficient time to commit the instant crime from 5 p.m. to 6 p.m. to 5 p.m. before the customer entered the restaurant.

(3) The victim shall be within the police.