The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) Defendant 1 merely sent a side to female toilets by mistake and did not have the body of the victim or taken a photograph thereof.

2. Article 361-5 subparag. 14 of the Criminal Procedure Act provides that “When a mistake of fact affects the judgment because of the mistake of fact,” which is one of the reasons for appeal means a case where a mistake of fact affected the order of the judgment, and a case where the constituent evaluation of a crime was directly or indirectly affected by a misunderstanding of fact (see Supreme Court Decision 96Do1665, Sept. 20, 196). The summary of the facts charged in this case is that “the defendant went to the toilet of the Busan City Urban Railroad Station B, Busan, which is a public toilet for the purpose of meeting the sexual desire around May 6, 2016.” The body of the defendant was limited, and whether the victim was a victim’s photograph, it is irrelevant to the constituent evaluation of the crime as stated in the facts charged, and there is no such fact finding by the court below.

The grounds for Defendant’s assertion do not constitute “when a mistake of facts affects the judgment,” as stipulated in Article 361-5 subparag. 14 of the Criminal Procedure Act, and according to the evidence duly adopted and investigated by the lower court, the Defendant’s act of self-defense is acknowledged as having been committed after having entered a female toilet according to the victim (Evidence No. 23, 71 of the evidence record), and any conspiracy, and the Defendant’s assertion of fact-finding is without merit [the punishment imposed by the lower court is too unreasonable considering all the sentencing conditions prescribed in Article 51 of the Criminal Procedure Act.] 3. The Defendant’s appeal is without merit, and thus, it is dismissed in accordance with Article 364 subparag. 4 of the Criminal Procedure Act.

[Provided, however, the lower court sentenced the Defendant to a fine by applying Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and appealed only by the Defendant, and amended by Act No. 14412 on December 20, 2016.