The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The judgment of the court below which convicted the victim of mistake of facts and misapprehension of legal principles on the ground that the statement by the victim of mistake of facts and misapprehension of legal principles are contradictory in itself and are not consistent with objective facts, and thus, it is erroneous in the misapprehension

B. The sentence imposed by the court below on the defendant (the fine of KRW 10 million) is too unlimited and unfair.

2. Determination

A. The Defendant asserted that mistake of facts and misapprehension of legal principles were identical to the grounds for appeal in the lower court.

The court below did not separately decide on the defendant's assertion on the ground that the victim's statement was relatively specific and consistent, and that there was no special circumstance that could mislead the defendant.

In full view of the following circumstances acknowledged by the record, the judgment below convicting the victim of the facts charged of this case is justifiable, since the victim's statement consistent with the facts charged of this case is reliable.

Therefore, this part of the defendant's argument is without merit.

1. The authenticity of the statement made by the victim 1 at night at the investigative agency on the day of the crime of this case, and from the time when the defendant was on board the next place of the crime of this case to the time when the act of indecent act of this case was committed, the defendant's behavior and indecent act

In addition, when comparing the victim's statement with the CCTV images verified by the court of the first instance, the location of the defendant and the victim's bus at the time of the crime and the victim's assistance are consistent with the victim's statement.

② 피해자는 누가 만지는 듯한 느낌이 들어서 깼는데, 오른쪽 허벅지에 피고인의 손바닥이 올려져 있었고, 피해자가 놀라서 눈을 뜨자 피고인이 놀라서 손을 뺐다고 진술하였고, 주먹을 쥐고 올려놓은 것인지 아니면 손을 펴고 손바닥을 누른...