A. The judgment of the court below that found the Defendant guilty of the facts charged in this case on the grounds that the Defendant did not have the head of the victim or did not raise the victim. Such judgment of the court below erred by mistake of facts.

B. The sentence of the lower judgment on unreasonable sentencing (the fine of KRW 4,00,000, and the completion of the sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts is justified in finding the defendant guilty of the facts charged in this case based on the evidence of this case, and there is no reason to suspect the voluntariness of confession in the original trial court, there is no evidence to suspect the voluntariness of confession, and there is no new reason to reverse it in the trial court, and there is no new reason to believe that this part of the defendant's assertion of mistake of facts is without merit.

B. In full view of the following: (a) review of the argument on unfair sentencing; (b) the Defendant’s background leading up to the instant crime; (c) the process of the instant crime; (d) the degree of indecent act; and (c) the Defendant’s age and occupation; and (d) all matters concerning the sentencing specified in the instant records and arguments, the lower judgment’s punishment is deemed reasonable; and therefore, the Defendant’s allegation

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.