The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that recognized the Defendant’s indecent act on the sole basis of the victim’s statements without credibility, even though the Defendant did not commit an indecent act against the victim as stated in the facts charged in the instant case, is erroneous in mistake of facts

B. The sentence imposed by the court below on the defendant (the fine of three million won, forty-hour order) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts or incomplete hearing, the statements made by the victim, etc. are consistent with the main part of the statements, in light of the empirical rule, and there is no provision inconsistent or contradictory in the statement itself in light of the empirical rule, and as long as the motive or reason to make a false statement is not clearly revealed, the credibility of the statement shall not be rejected without any justifiable reason (see, e.g., Supreme Court Decision 2018Do7709, Oct. 25, 2018). In light of the following circumstances revealed by the evidence duly adopted and investigated by the court below, the court below can sufficiently recognize the facts that the defendant committed an indecent act against the victim at a place closely close to the public, such as the records in the facts charged in this case, and therefore, the court below which found the defendant guilty of the crime is just and acceptable, and there is no error of law of mistake of facts or incomplete trial

Therefore, this part of the defendant's argument is without merit.

(1) From the investigation stage, the victim made a concrete and detailed statement concerning the circumstances in which he/she was committed an indecent act, the form of such indecent act, the perception of physical contact, the appraisal that he/she was frighted at the time of the investigation stage, actions corresponding thereto, and the mind and state after he/she was committed an indecent act, etc., and it is difficult to view that the statement was made without

(2) The victim's statements made at investigative agencies and the court of the original instance before and after the commission of indecent acts.