A. The Defendant who alleged a misunderstanding of facts does not commit an indecent act against the victim as stated in the facts constituting a crime in the judgment of the court below.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence that the lower court rendered (2 million won in penalty, 40 hours in total, 200,000 won in total, and 40 hours in total) on the ground that the court below’s unfair argument for sentencing is unreasonable.

2. The court below rejected the above assertion by the defendant as to the assertion of mistake of facts on the same purport as the grounds for appeal in this case. The court below rejected the above assertion by stating in detail the decision on the "a summary of evidence" column of the judgment.

Examining the judgment of the court below in comparison with the records, the judgment of the court below that the defendant forced the victim to commit an indecent act is justifiable.

Therefore, the defendant's assertion of mistake is rejected.

3. There is no change in the terms and conditions of sentencing compared with the original judgment on the grounds that the new data on sentencing have not been submitted at the trial of the original judgment on the unfair argument of sentencing. In full view of all the reasons for sentencing as stated by the lower court, the original judgment’s sentence is within the scope of the discretion of sentencing assigned to the lower court, and it cannot be deemed unfair because it is too unreasonable for

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

4. 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.