The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

가. 사실오인 피고인이 피해자와 떨어지기 위하여 피해자를 미는 과정에서 우연히 손이 가슴에 닿았을 뿐, 피해자의 가슴을 움켜쥔 사실이 없다.

B. Since misunderstanding the legal doctrine and the victim were between the Defendant and the victim, it is difficult to deem that the Defendant’s grandchildren contacted the victim’s chest to have infringed the victim’s right to sexual self-determination.

2. Determination

A. The lower court made an obvious error in determining the credibility of evidence and evidence on the premise of the determination of mistake of facts.

거나 원심 및 당심에서의 심리 결과에 비추어 보더라도 이를 그대로 유지하는 것이 현저히 부당하다고 보이지 아니하고, 원심이 적법하게 채택하여 조사한 증거들을 종합하여 인정되는 다음과 같은 사실들과 사정들을 고려하면 피고인이 고의로 피해자의 가슴을 움켜쥔 사실이 인정되고 원심의 판단은 정당하다.

The defendant's assertion of mistake is without merit.

① The victim reported the crime to the police on the day of the occurrence of the instant case, and consistently made a statement from the investigative agency to the original trial that the Defendant saw the victim’s chest by hand.

② After the occurrence of the instant case, the victim resisted the Defendant by using the Hague F message from the Defendant and the Defendant, and the Defendant continued to take the chest by using the message.

Since then, the victim made another call to the defendant, and the defendant argued to the effect that he/she had satisfy and had satisfy committed his/her behavior while satisfying him/her.

B. The crime of indecent act by compulsion in the misapprehension of the legal principle is not only an indecent act after the other party makes it difficult to resist by assault or intimidation, but also so-called indecent act in which the assault itself is recognized as an indecent act.