The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant did not make the same speech or behavior as indicated in the facts charged in the instant case, the lower court erred by misapprehending the fact, thereby convicting the Defendant of the instant facts charged.

B. Considering the fact that the Defendant has no criminal power on the grounds of unfair sentencing, and that the Defendant supports his wife and her two daughters, etc., the punishment of the lower court (2 million won of a fine) declared by the lower court is too unreasonable.

2. Determination

A. According to the reasoning of the judgment of the court on the assertion of mistake of facts, the defendant can be seen as rapidly shaking the body of the left body in the table, and as long as the defendant sits towards the front side of the defendant and sits towards the left side of the defendant, after organizing the table table, and immediately after leaving the seat of the defendant, he can be seen as having opened the 3-4 sexual act as if the defendant was done with 3-4 sexual act, which is completely different from the defendant's act of taking place. In full view of the circumstances acknowledged by evidence duly adopted and investigated by the court below, the defendant cannot be seen as having taken advantage of the above facts charged, and the defendant's credibility and the defendant's statement can be seen as not being able to have taken advantage of the victim's remarks immediately after he was able to have shot the president, and the defendant did not have been able to sit together with the defendant's statement.

The defendant's assertion of mistake is justified.