A. The Defendant, due to the misunderstanding of facts, only limited to only a part of the victim’s knee and knenee, and there is no fact that the victim’s buckbucks might spread out by using both sides.

B. The sentence of the lower court against the illegal Defendant (the amount of KRW 3 million, the amount of KRW 40 million, the amount of KRW 40 hours’ program completion program) is too unreasonable.

2. Determination

A. This part of the Defendant’s assertion of misunderstanding of facts cannot serve as a legitimate ground for appeal, as the Defendant’s assertion that was subsequently filed even after the period for submission of the written reasons for appeal.

나 아가 직권으로 살펴보더라도, 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정들, 즉 ① 피해자는 수사기관에서부터 원심 법정에 이르기까지 엎드려 잠을 자고 있던 중 발목부터 허벅지 안쪽까지 이상한 느낌을 받았고 눈을 떠 책상 아래를 보니 피고인의 양 발이 피해자의 발목에 똬리를 튼 모습처럼 겹쳐 있었다고

In light of the consistent and specific statement, (2) the Defendant’s criminal facts are sufficiently recognized, taking into account the following: (a) the victim was locked down, but he was aware of surrounding circumstances, such as listening to Albucks; (b) another person was knee and kneeing; and (c) there is a considerable difference in buckbucks to bucks; (b) the victim’s statement is highly reliable; and (c) in light of the distance between seats identified by on-site photographs, the Defendant appears to have been able to sufficiently meet the victim’s bucks.

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

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). A new judgment is rendered in the first instance.