The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act as stated in the facts charged, and there was no intention to commit an indecent act.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts 1) The court below found the charge of this case on the ground that the defendant's indecent act (as to the defendant's sexual organ part of the criminal defendant's sexual organ part is considerably recognizable, since the victim's investigative agency and the court of the court of the court below's statement about his behavior, etc. is specific and consistent, ② Police Officer G and H who became aware of the crime were present at the court of the court of the court below and the circumstances leading up to the defendant to become aware of the criminal act, and how he became aware of the criminal act.

2) The following circumstances acknowledged by the lower court’s judgment in light of the records, namely, (i) the victim made an inaccurate statement in the court of the lower court as to whether he/she wears the Defendant’s safety seat at the time of the instant case; (ii) however, since the victim was the Defendant at the subway where he/she was almost aware of the fact that he/she was the Defendant at the time of the instant case, his/her memory as to whether he/she wears the safety seat may not be accurate; and (iii) according to the above CD video and police officer G and H’s legal statement in the lower court, other persons than the Defendant cannot be deemed to have engaged in the same conduct as stated in the facts charged.