The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. In order to see the side of the defendant, there is no fact that the defendant immediately entered a female toilet, and there is no fact that he tried to photograph the victim with his cell phone, and there is only a fact that he was harming the shoulder of the victim who puts his arms, and there is no indecent act against the victim.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment and forty hours of order to complete sexual assault treatment lectures) is too unreasonable.

2. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court’s determination that found the Defendant guilty of committing an indecent act against the victim is justifiable. Therefore, this part of the Defendant’s assertion is rejected.

피해자는 수사기관에서부터 원심에 이르기까지 일관하여 자신이 여자화장실 용변칸에서 용변을 보던 도중 무슨 소리가 들려 위쪽을 보았더니 피고인의 얼굴과 휴대전화가 보였고, 자신이 소리를 지른 후 옷을 입고 나가 옆 칸 문을 두드리며 나오라고 했는데 피고인이 한동안 나오지 않다가 갑자기 문을 열고 나와서 “내가 뭘, 내가 뭘”이라고 이야기하면서 자신의 가슴 부위를 만지면서 밀치고 도망갔으며, 화장실 밖으로 나와 호프집 종업원에게 울면서 정황을 설명하고 피고인을 잡아달라고 이야기하였다는 취지로 진술하였다.

The victim stated very concretely the face and cell phone location of the defendant at the time he/she found the defendant, and the situation after he/she discovered the defendant. This is not the actual experience but the situation where it is difficult to explain is credibility.

When the defendant has delivered his chest, it is limited to two grandchildren.