The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles are cited as grounds for appeal. misunderstanding of legal principles is based on the court below’s finding of facts in violation of the rules of evidence, and as a whole, the court below’s finding of facts against the rules of evidence can be said to have asserted of mistake of facts.

The defendant was faced with the victim who was fright shoulder in the opposite part while he was maging and returning home by dividing one week with his friendship, and he did not intentionally use the victim's upper chest to the right part to the sound part.

B. The punishment of the lower court is too heavy.

2. Determination

A. In light of the following circumstances, based on the evidence adopted and examined by the lower court and the lower court as to the assertion of misunderstanding the facts and the legal doctrine, the Defendant was faced with the victim who was gird in a suitable part, and there was a physical contact as stated in the facts charged.

It is difficult to see that the defendant's front side of the victim is a part of the victim and can recognize the fact that the defendant was blick as used below from the upper side of the victim to the lower side of the sound.

1) The victim was immediately reported to the police immediately after the instant case, as well as at the time of the police investigation, “The male, who was fright from the Aropical part, used the chest, fry, and fry as his hand.”

“.” The lower court and the lower court consistently stated to the same purport.

As such, since the victim made a specific and clear statement of the Defendant’s act, intent, and damage from the date when the case was punished to the trial court, it shall not be dismissed without permission, unless there is any other evidence that objectively sees that the victim has no credibility.

2) The victim did not see the defendant coming from the opposite part, and misunderstanding the defendant as an indecent act by force any contingent physical contact caused by the incident.