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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant of mistake of facts did not commit an indecent act on the part of the Defendant, who fests alcohol and fluored on a bridge with an Ampha and fluor, and fluencing on the bridge, and did not commit an indecent act.
B. The lower court’s sentence of unreasonable sentencing (one month of imprisonment, 40 hours of order to complete a sexual assault treatment program, 3 years of disclosure and notification order) is too unreasonable.
2. Determination
A. In light of the following circumstances that can be recognized by the evidence duly adopted and examined by the court below in determining the misunderstanding of facts, namely, the victim and witness G are not the defendant's arms but the victim and witness G made a consistent statement by extending up to the victim's sound mind, and thus, it can be sufficiently recognized the intention of indecent act; witness G was in a position to sufficiently witness the defendant's indecent act committed by the victim at the right side of the victim; and there is no circumstance to suspect the credibility of the statements made by the victim and witness; therefore, this part of the defendant's argument is without merit.
B. Although the Defendant received a cutting operation on the left-hand side due to a traffic accident on October 2013, and was hospitalized from around August 2014 due to alcohol addiction and depression, he was under the treatment of hospitalization from around August 2014, the Defendant was sentenced to one year of imprisonment with prison labor and three years of suspension of execution on March 29, 2012, and was sentenced to three years of suspension of execution on April 6, 2012, and committed the instant crime while the judgment became final and conclusive on March 29, 2012, and the Defendant committed the instant crime while drinking alcohol during the suspension period; the Defendant committed an indecent act against a juvenile victim or committed an indecent act on the victim on the street from drinking alcohol or drinking alcohol at the sobry. The Defendant is subject to suspension of execution on four occasions.