A. The Defendant did not make an indecent act by compulsion against the victim as stated in the instant facts charged.

Nevertheless, the court below sentenced the defendant guilty, and there is an error of misunderstanding the fact and affecting the conclusion of the judgment.

B. Of the sentencing department, the sentence imposed by the lower court (a fine of KRW 5 million and a program completed for sexual assault treatment programs) is too unreasonable.

2. Although the court below also asserted that the defendant's assertion of mistake of fact is identical to the above assertion of mistake of fact, the court below rejected the defendant's assertion and sufficiently recognized the facts charged in this case by reliance on the statements of the victim and witness E. Since such decision of the court below is just and acceptable, the defendant's assertion of mistake of fact cannot be accepted.

3. A favorable circumstance is that the defendant has no record of punishment for the same kind of crime.

On the other hand, the fact that the defendant has a number of criminal records including probation, the victim wants to punish the defendant, the victim denies the crime in the trial, and the crime has not been committed.

In addition, no special circumstance exists, such as the motive, circumstance, result, circumstance after the crime was committed, Defendant’s age, character and conduct, etc., that the judgment of the court below exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the judgment of the court below as it is, in full view of the aforementioned factors.

Therefore, we cannot accept the defendant's argument during the sentencing.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

[However, Article 2 of the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and Act on Welfare of Persons with Disabilities.