The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) stated that the victim’s appearance was “a short head and face with a yellow color” as to the Defendant’s appearance. However, the Defendant was in colored at the time and face did not appear, and thus, the Defendant did not commit an indecent act against the victim.

2. In addition to the circumstances of the lower court’s detailed determination, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court (i.e., the victim’s CCTV images around the scene of the crime: (a) the victim confirmed the CCTV images around the scene of the crime; and (b) the victim identified him as a criminal on the basis of the increase in the head of the male appearing in the above CCTV images, the snow, the eye, the face, the color clock, and the white sports (7 pages of the investigation record); and (b) the Defendant is the male appearing in the above CCTV images.

According to the above CCTV images, it is confirmed that the Defendant committed an indecent act against the victim, as stated in the facts charged, in full view of the following facts: (a) the Defendant was found to have followed the victim from 22:51 to 22:58 (the 37,38 pages of the investigation record); (b) there is no other person similar to the Defendant’s appearance (40-43 pages of the investigation record); and (c) there is no other person similar to the Defendant’s appearance (40-43 pages of the investigation record). Thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.