The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. Error of facts (as of April 17, 2019: 21:38, the charge is based on the fact that there is a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “instant charge”).

(C) On April 17, 2019, the Defendant did not enter the female toilets of the Gangseo-gu Seoul Metropolitan Government “C” centering on the third floor of the building B (hereinafter “ female toilets of this case”) for the purpose of photographing the appearance of the victim D around April 21, 2019.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous in misconception of facts.

B. The sentence imposed by the court below (10 months of imprisonment) is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The lower court determined as follows: “Around April 17, 2019, according to the witness’s testimony, etc., it is evident that a male intrudes on the leisure toilet of this case. At that time, the Defendant was in the Traice Center, and according to CCTV images (from 10 minutes of the video recorded on the second floor), the Defendant continued to see the female who suffered the second floor of Myanmar and went to the toilet, and went to the toilet, and went to the third floor following the female. The lower court found the Defendant guilty of committing the crime on the ground that he was found guilty of the facts charged on the ground that he was similar to the CCTV taken on April 23, 2019.

B. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence, namely, the period between April 15, 201 and April 19, 201.