A. As stated in the facts charged, the Defendant was guilty of the facts charged in this case, without using the victim’s sound part on his left part in the singing channel as follows. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (3 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts in detail of the judgment of the court below found the defendant guilty as to the facts in this case. In light of the records and closely compared with the records, the judgment of the court below is just and acceptable, and in addition, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the victim reported 112 that he had committed an indecent act from the defendant immediately after the occurrence of the case (see the 16th page of the evidence record), it is recognized that the defendant committed an indecent act by using the victim's negative part on his left hand, as shown in the facts charged, and that there was an error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the defendant.

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

B. A favorable circumstance is that the defendant has no record of punishment for the same offense against the judgment of unfair sentencing.

However, the crime of this case is an indecent act committed by the Defendant first in a singing manner, and the nature of the crime is not good, and the victim appears to have suffered sexual humiliation and mental suffering. The Defendant denied the crime of this case, and did not make any effort to recover damage, and is also significant.