A. The judgment of the court below which found the defendant guilty of the facts charged is erroneous in misconception of facts, although it was true that the victim's buckbucks might spread down with the victim's bucks without the intention of an indecent act.

B. The lower court’s sentence of unreasonable sentencing (a fine of three million won and a sexual assault treatment program order of 16 hours) is unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, such as the victim D and witness E's statements in each court below's judgment and investigation agency, etc., the defendant's intent to commit an indecent act against the victim as stated in the court below's decision, and thus, the defendant's assertion of mistake of facts is without merit.

B. The Defendant’s decision on the assertion of unfair sentencing continues to have denied the crime, and did not object to the Defendant’s agreement or reimbursement of damage with the victim up to the trial of the trial, and did not make any effort to pay damage, taking into account the favorable circumstances, such as the fact that the Defendant has no other criminal power, and there is no change in circumstances in the circumstances at the trial. In full view of the motive and background of the instant crime, the circumstances after the instant crime, the Defendant’s career, environment, etc., the lower court’s punishment cannot be deemed to be unfair on account of the following factors: (a) the lower court’s punishment cannot be deemed to have been imposed, even if there is no other criminal power

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