The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant’s defense counsel stated the grounds for appeal in the statement of grounds for appeal as “in fact-finding and unreasonable sentencing,” it is appropriate to regard the Defendant’s defense as assertion of misunderstanding of facts and misapprehension of legal principles as the grounds for appeal.

1) At the time of taking over the Defendant arrested as a flagrant offender, the police did not notify the Defendant of the bitrae principle. (2) At the time of taking over the Defendant who was arrested as a flagrant offender, the Defendant did not notify the Defendant of the bitrae principle.

B. The sentence imposed by the lower court (one year and two months of imprisonment, 80 hours of order to complete a sexual assault treatment program, 3 years of order of disclosure and notification, 3 years of employment restriction order) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. Comprehensively taking account of the following facts and circumstances acknowledged by the lower court’s duly admitted and investigated evidence by the Defendant’s indecent act committed by the Defendant, the Defendant’s indecent act is sufficiently recognized by his hand by deceiving the victim’s sound mind.

The defendant's assertion of mistake is without merit.

(1) At the time of the police investigation, the victim repeatedly stated that the Defendant her her her her son and her her her her her son

(증거기록 제63-69쪽). ② 피고인은 경찰 조사 당시 손등뿐만 아니라 ‘손날’로도 피해자 엉덩이 가운데를 댔다 떨어졌다

했고 지하철이 흔들리면서 몸이 앞으로 기울 때를 기회삼아 꾹 누르기도 하였다고 진술하였는데(증거기록 제41쪽, 제100쪽), 손날로 엉덩이 가운데를 앞쪽으로 지긋하게 누를 경우 피해자의 음부에 닿을 가능성이 충분하다.

③ The Defendant stated that, in the previous criminal act of the same kind punished in the past, only her son and her son contacted with his her son and son, and did not keep his son and son her son her son, and the crime of this case also did not keep his son son her son son (Evidence No. 98).