The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the remaining facts charged of this case which had believed credibility of the victim's statement, despite the fact that the defendant, who was found guilty of a mistake of facts, had long contacted the victim's chest in the process of explaining the situation at the time, and did not intend to commit indecent act by force, is erroneous in the misapprehension of facts that affected the conclusion of the judgment.

B. Unless there is an unreasonable sentencing order, considering the fact that the Defendant committed the instant crime by force during the course of an indecent act by force in the case of an indecent act by force, which was prosecuted by force, and that the Defendant’s negligence is in profoundly against the Defendant’s mistake regardless of the circumstances, the lower court’s punishment (the Defendant’s imprisonment for eight months, forty hours, order to complete sexual assault treatment programs, and three-year employment restriction order) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court also asserted that the Defendant was innocent as the grounds for appeal claiming the above mistake of facts, and determined that the lower court could sufficiently recognize the Defendant’s indecent act and the intent of indecent act by force, considering the CCTV images taken by the victim at the time of the victim’s statement and the CCTV images, etc.

나. 살피건대, 피해자의 수사기관에서의 진술과 CCTV 영상에 의하면, 상점진열대를 사이에 두고 바깥쪽 좌석에 앉아 있던 피고인이 그 반대편에 서 있던 피해자에게 말을 하던 중 갑자기 오른손을 피해자의 가슴 앞쪽으로 뻗은 다음 잠시 멈칫하다가 손끝으로 피해자의 왼쪽 가슴을 눌러 접촉한 사실, 그 과정에서 피고인이 피해자에게 “몸매가 좋다. 몇 살이냐 ” “자기가 70년생인데 내가 나이가 조금 어렸으면 .”, “(피해자의 가슴을 만지면서) 이렇게 만져도 자기 것이 안 되는데, 뭐하러 만졌겠냐.”라고 말한 사실이...