A. The Defendant, while under the influence of alcohol, was only bread and did not engage in a patent obscene act like the facts charged.

B. The sentence sentenced by the court below to the defendant (the amount of three million won punishment, the amount of 40 million won ordered to complete sexual assault treatment lectures) is too unreasonable.

2. Determination

A. Although the Defendant alleged to the same effect as in the lower court’s judgment, the lower court rejected the Defendant’s assertion on the ground that the facts constituting a crime are recognized according to the witness’s testimony at investigation agencies and the court of the lower

In the court of the court below, the witness was found to have a sexual organ under the influence of the defendant, and the defendant returned his body and was exposed to the witness until the witness passes.

was testified.

The testimony of the witness is believed in that it is difficult to find out the motive or reason for the witness to make a false statement about the defendant who does not know at all.

Therefore, we affirm the judgment of the court below that found the defendant guilty of the facts charged in this case.

B. Although the fact that the Defendant was the primary offender is only taking into account the circumstances favorable to the Defendant, considering the various conditions of sentencing indicated in the record, such as the form, background, age, sexual conduct, and environment of the instant crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.