The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the facts charged on November 16, 2015, although the Defendant did not commit a crime of extortion (the crime No. 1-B of the lower judgment and the crime No. 1-B attached to the crime No. 2 of the lower judgment). However, the lower court erred by misapprehending the facts.

B. The punishment of the lower court’s unfair sentencing (ten months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts, the lower court’s determination that found the Defendant guilty of this part of the facts charged is justifiable, and it erred by misapprehending the facts as alleged by the Defendant.

subsection (b) of this section.

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

(1) The victim is highly reliable in that he/she clearly and in detail describes the place where he/she met with the defendant, the circumstances at the time of the instant case, the method of committing a crime, etc. as to this part of the facts charged in the police investigation.

② The Defendant led to confession of this part of the facts charged in the court below.

③ On November 11, 2015, immediately before the instant case occurred, the Defendant was aware of the Defendant’s office on the Saturdays (on November 16, 2015), and on the day of November 16, 2015, the day when the house was located, where the Defendant was aware of the Plaintiff’s deposit KRW 50 million with the Saturdays (on November 14, 2015).

By sending the G message, she demanded a monetary amount equivalent to that of this part of the facts charged, and the Defendant sent his account number to the victim at around 15:17 on the day of the instant case in G message to the effect that he sent the money to the victim, and thereafter the victim transferred KRW 10 million to the above account of the Defendant.

④ The Defendant asserted that “the Defendant did not take a talk about the money” as to this part of the facts charged in the trial. The Defendant’s investigation conducted by the prosecution that “the said money is necessary.”