A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

가. 피고인의 사실오인 주장 피고인은 전화통화를 하고 있는 피해자를 자신의 딸로 착각하고 놀라게 해줄 생각으로 피해자의 어깨를 툭 쳤을 뿐 추행의 고의로 피해자를 뒤에서 끌어안거나 가슴을 움켜쥔 사실이 없다.

Nevertheless, the judgment of the court below that found the defendant guilty on the basis of the victim's statement that falls short of credibility is erroneous.

B. The lower court’s determination on the grounds of unreasonable sentencing by both parties is unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances and the evidence duly adopted and examined after the determination of facts as to the assertion of mistake of facts, the Defendant’s assertion of mistake of facts cannot be accepted.

The victim stated in a relatively concrete and consistent manner the situation at the time when the victim was subjected to the instant crime from the investigative agency to the original judgment.

Although it is recognized that the victim made a somewhat consistent statement in the investigative agency and the court below that he would return to the house after being punished by the instant crime, the following circumstances acknowledged by the record are acknowledged: (i) the victim was found to have been living without his father in his room and reported to the police immediately on the day of the instant case; (ii) the victim appeared to have a response to the suffering of the victim's brue while she discovered the Defendant through CCTV images during the investigation process and identified him as the suspect; and (iii) the victim saw the Defendant's face through the police investigation process at the time of the first police investigation, and made the accurate and concrete statement of the Defendant's appearance while she followed the indecent act at the time of the first police investigation. In light of the above circumstances, it is difficult to readily conclude that the victim's statement at the time of the instant indecent act was false.

The defendant.