The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act by mistake of facts and misapprehension of legal principles, and even if there was no physical contact, there was no intention to commit an indecent act.

Nevertheless, the court below found the defendant guilty, and there is an error of misunderstanding of facts or misunderstanding of legal principles.

B. Considering the fact that the Defendant was a primary offender and contingently causing the instant crime, the lower court’s punishment (a fine of KRW 5 million, and an order to complete a sexual assault treatment program) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, the Defendant’s indecent act by force against the victim, such as the instant criminal facts.

① The victim has consistently stated the instant indecent act from an investigative agency to this court in a specific and consistent manner.

② On the day of the instant case, there is no special motive for the victim to resist the Defendant or make a false statement.

③ In the investigation report (Evidence Nos. 8) prepared by E, a police officer, at the time when the instant indecent act was committed, the Defendant’s indecent act was recorded, and E made a statement to the same effect as the lower court’s court.

④ From the lower court, the Defendant asserted that “the police tried to help the victim to over-suppose,” but at the time, the victim was in the Defendant’s work and vision, but only requested the police to return home.

B. Furthermore, even if there was no objective to satisfy the Defendant’s sexual desire in light of the behavior and circumstances at the time of the instant indecent act, the instant indecent act was objectively sexually sexually sexually committed to the general public.