The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)

A. The court below erred in the misapprehension of facts, although the defendant misunderstanding of facts did not have the victim's interest as stated in the facts charged, and found this part of the facts charged as it is.

B. The lower court erred by misapprehending the legal doctrine on the victim’s head as stated in the facts charged

Even though the above act by the defendant cannot be deemed to constitute an indecent act committed by force, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of legal principles.

(c)

The punishment of the lower court (1.5 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and investigated by the court below, namely, ① the victim reported to the police immediately after the instant case, and the Defendant was faced with his head and her head.

In a clear and consistent statement, the victim made a very concrete statement about the defendant's name or appearance, and the victim's perception received from the defendant at the time of the victim's statement. The victim appears to have no circumstance to suspect the credibility of the victim's statement in light of his attitude or the contents of the victim's statement immediately after the instant case. ② Although the CCTV screen, which was recorded in the situation at the time of the instant case, does not directly record the victim's appearance of the victim's body by the CCTV image, the victim's appearance that the defendant tried to contact the victim was recorded, and the victim's behavior that the defendant tried to contact the victim, and immediately after that, the victim's appearance that the victim's body was returned to the victim's body was recorded. Thus, the victim's appearance that the victim's body was not directly recorded is considered to have been installed in the location where the above CCTV was installed and the degree of filming taken therefrom. At least, the CCTV at least was installed.