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The defendant's appeal is dismissed.
Reasons
1. Grounds for appeal (the factual error and the unreasonable sentencing)
A. The Defendant did not have committed any obscenity, such as a mistake of facts charged.
B. The lower court’s sentence of an unreasonable sentencing (2 million won by fine, etc.) against the Defendant is too unreasonable.
2. Determination
A. The lower court also asserted that the Defendant had the same purport as the grounds for appeal in this part of this part, and the lower court found the Defendant guilty of the facts charged in this case on the ground that D’s statement was credibility in light of the following: (a) it has consistently stated that D, who had observed the situation at the time, had committed an act from the investigative agency to the lower court, such as scaming the sexual organ after the female, as in the judgment of the Defendant; (b) it cannot be seen that D cannot find any motive, etc. to gather the Defendant by tending false facts; and (c) the content and attitude of the statement and attitude thereof.
In light of the records of this case, although D made a statement about the specific date and time when it reported the crime of this case differently from the investigative agency and the court, there may be differences in the detailed contents of memory depending on the passage of time, and D made a concrete and consistent statement about the process and contents of witnessing the initial obscene act from the investigative agency to the trial at the trial at the time of the investigation, ② D made a statement that the bus arrived after the report at the time of the investigation and the Defendant was on board the bus, and there is no contradiction between the time and the point of view of the bus tower asserted by the Defendant. ③ At the time of the initial report to the investigative agency, D has a male who is going to the post at the time of the first report. In light of the following, D made a statement about the Defendant’s appearance (conform with the Defendant’s appearance at the time of the initial report at the time of the investigation, and made a statement about the Defendant’s act in detail.