The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, who committed an indecent act against the victim, committed an indecent act in misunderstanding the facts, committed two times with a private pen cited at the time, and committed an indecent act against the victim, but did not commit any act as indicated in the judgment of the court below, and sentenced the Defendant guilty on the ground that the lower court erred and convicted the Defendant of the facts.

B. Although the above act of the defendant constitutes a crime of assault, this constitutes legitimate act against the defendant's indecent act, and the victim cannot be deemed to have suffered injury as stated in the judgment below due to the defendant's act as above.

Nevertheless, the lower court convicted the Defendant by misapprehending the legal doctrine.

2. Determination

A. The following circumstances acknowledged by the court below's lawfully admitted and investigated evidence of the allegation of mistake of facts are: (a) the victim consistently stated from the investigative agency to the court of the court below that the defendant himself/herself was affixed with a private pen as stated in the judgment of the court below; (b) the photograph of the victim immediately after the instant case revealed that not only his/her clothes, but also his/her arms and descendants, etc. are confirmed several times with a private pen on his/her chest, and the defendant argued that he/she was the victim, but it is difficult to view that the victim was the injured person's body on his/her own in light of private pen or the circumstances where the victim suffered, etc., as stated in the judgment of the court below, it is recognized that the defendant has taken several times the victim with a private pen as stated in the judgment of the court below.

Therefore, the defendant's assertion of mistake is without merit.

B. As seen earlier, the Defendant’s act is present in full view of the degree of force exercised by the Defendant, motive and background of the crime, means and method, and the situation before and after the crime.