The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s misunderstanding of the facts did not commit an indecent act on the part of the victim at the front-dong of Busan City Railroad No. 3 on the date stated in the facts charged.

B. The punishment sentenced by the lower court (4 months of imprisonment, one year of suspended sentence, and 40 hours of lecture for treatment of sexual assault) is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant can sufficiently recognize the fact that the Defendant committed an indecent act against the victim, as stated in the facts charged.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law by misunderstanding the facts as alleged by the defendant, and thus, the defendant's allegation of the above

① In a case where a witness’s statement, including the victim, is mutually consistent and consistent with the facts charged, it shall not be rejected without permission, unless there exist any separate and reliable evidence to deem the credibility of the statement objectively deemed objectively and objectively (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The victim, from an investigative agency to the court below, made a consistent statement on the facts of damage, the process of the case, and the situation before and after the victim’s statement, etc., to the extent that it is difficult for the victim to make a statement without experience, and there is no other circumstance to suspect the credibility of the victim’s statement.

② On June 30, 2016, around 07:35, the victim was forced to commit an indecent act in succession from the same person. On the other hand, the victim reported 112 immediately without participating in the indecent act. On the police police, the victim reported 112 of the clothes of the criminal. On the police, the police used to wear clothes (Kak-plate straw strings, military blue straw strings, and inside strings), age (30 strings), physical characteristics (170 cm backs), physical characteristics (170 cm backs, dyplates, and left arms).