The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실 오인 주장 피고인은 단속 경찰관 E의 부당한 물리적인 제압에서 벗어나려고 본능적으로 그의 허벅지 부분을 잡았을 뿐 성기를 움켜쥔 사실이 없다.

Nevertheless, the judgment of the court below that found the defendant guilty is erroneous by mistake.

B. The Defendant’s act constitutes a legitimate defense or an emergency evacuation, and thus, cannot be deemed unlawful.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of legal principles.

(2) At the time of the instant case, the Defendant had a weak mental and physical disorder due to the depression disorder.

Nevertheless, the judgment of the court below which did not reduce due to mental or physical weakness is erroneous in the misapprehension of legal principles.

(c)

The punishment of the court below is too unreasonable because it is too unreasonable for the sentencing.

2. Determination

가. 사실 오인 주장에 대한 판단 원심이 적법하게 채택하여 조사한 증거들, 특히 E의 진술에 의하면, 피고인이 E의 성기 부분을 움켜쥔 사실을 충분히 인정할 수 있으므로, 피고인의 사실 오인 주장은 받아들이지 않는다.

B. Although examining all the materials submitted by the prosecutor and the defendant, it cannot be acknowledged that E exercised undue physical power to illegally arrest the defendant, and no other evidence exists to deem that the defendant's act constitutes a legitimate defense or an emergency escape, the defendant's allegation in this part of the legal principles cannot be accepted.

(2) According to the documents submitted by the Defendant, even though it is recognized that the Defendant suffered from a normal disorder, the evidence or circumstances shown in the records and pleadings are insufficient to recognize that the Defendant had reached a physical and mental state due to the symptoms caused by a sudden disorder, and there is no other evidence to acknowledge this otherwise. Therefore, this part of the legal principle of the Defendant is erroneous.