The defendant's appeal is dismissed.

1. 항소 이유의 요지( 사실 오인 및 법리 오해, 양형 부당) 피고인은 두 손으로 피해자의 양쪽 엉덩이를 움켜쥔 사실이 없다.

Although the Defendant asserts that pottering the victim does not constitute an indecent act, the part of the facts charged in the instant case stating that “the principal offender who is minorly aware of the victim’s shoulder and arms in response to the failure of the victim,” is merely the circumstance leading up to the Defendant’s indecent act against the victim’s bat, and thus, this part of the Defendant’s assertion that the part of pottering act was prosecuted as an indecent act is without merit.

The sentence of the court below is too heavy.

2. Determination

A. The lower court’s determination as to the assertion of misunderstanding of facts and legal doctrine is based on the evidence duly adopted and investigated by the lower court, namely, the victim’s statement that the Defendant was frightened as if the victim’s her her son were frighten in her hand on the opportunity to protect the victim, and the content of the statement was specific and consistent; the Defendant also recognized the fact that the victim was her frightened; and the Defendant found the victim and the victim “at a time after the occurrence of the case;” and the Defendant’s attitude before and after the CCTV video was considered as a male and female figure that was simply divided by the spotteries. In full view of the following circumstances, the credibility of the victim’s statement can be acknowledged.

The judgment of the court below is just, and the defendant's misunderstanding of facts and misapprehension of legal principles are without merit.

B. Comprehensively taking account of all the factors indicated in the records of the instant case, such as the Defendant’s absence of previous convictions, the degree of conduct is not serious, and the Defendant’s lack of reflectiveness, the background leading up to the indecent act, the method of criminal conduct, the relationship between the Defendant and the victim, the Defendant’s age, sexual conduct, and the circumstances before and after the commission of the crime.