A. In the event of the instant case, the Defendant had been locked due to the difficulty at the time of the instant case, and the victim was expected to have been under the influence of alcohol, so there was no intention to commit an indecent act against the Defendant.

B. At the time of the instant case, the Defendant was in a state of mental disorder or mental disability.

C. The sentence of the lower court on unreasonable sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, in particular, according to the witness E's investigation agency to recognize credibility and the statement in the court of the court below, the defendant can sufficiently recognize the fact that the defendant committed an indecent act against the victim as stated in the court below's decision.

Therefore, the defendant's assertion of mistake is without merit.

B. In full view of the means and methods of the instant crime, the Defendant’s attitude and words before and after the instant crime, and the circumstances after the instant crime, which were acknowledged based on the evidence revealed by mental and physical disorder, the Defendant did not have the ability to discern things or make decisions at the time of the instant crime

It does not seem to have reached a state of or weakness.

Therefore, the defendant's mental disorder is without merit.

C. The Defendant’s primary offender who had no record of punishment prior to the instant case is subject to unfair sentencing.

However, in light of the content and circumstances of the instant crime, the nature of the Defendant’s crime is not less severe, and the Defendant did not receive a written application from the victim until now, and there is no special change in circumstances that could determine the punishment differently from the original judgment in the trial.

In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable as it is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.