The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

가. 사실오인 피고인은 피해자를 남자로 알고 어깨를 툭 친 사실이 있을 뿐 피해자의 가슴을 만진 사실은 없으므로 이 사건 공소사실을 유죄로 인정한 원심판결에는 사실오인의 위법이 있다.

B. The sentence of the judgment of the court below on unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances, i.e., (i) the victim made a statement from the investigative agency to the court of the court below that her chest was delivered as stated in the facts charged of this case; (ii) E, which had conversationsd with the victim at the time of this case, directly testified with the victim from the investigative agency to the court of the court below; and (iii) the defendant made a statement that she was mistaken for the victim as a male; and (iv) according to the victim and E’s statement, according to the victim and E’s statement, the defendant made a statement that she was "I am bad, I am bad, I am bad, and I am free from the victim’s chest." According to the victim’s statement, the defendant was found to have been aware that she was a woman. Accordingly, the defendant could not be deemed to have committed an error of mistake of facts as alleged by the defendant.

B. In full view of the judgment on the assertion of unfair sentencing, the Defendant did not have the record of punishment for the same kind of crime and did not have the record of punishment heavier than the fine, the Defendant agreed with the victim after the sentence of the lower judgment, the degree of indecent act in this case is not more severe, the Defendant’s age, occupation, and all other matters concerning the sentencing specified in the records and arguments of this case, and the judgment of the lower court.