The defendant's appeal is dismissed.

1. Summary of grounds for appeal by defense counsel;

A. In fact, the Defendant did not have committed an indecent act by force by using the victim B’s her butt her, and there was no intention to commit the act.

Nevertheless, the lower court found the Defendant guilty of the facts charged on the grounds of the statement of the victim without credibility, etc., thereby misleading the facts and adversely affecting the judgment.

B. In light of the fact that the criminal defendant was not subject to criminal punishment for sex offense, and that the risk of recidivism is low, the lower court’s sentence, which sentenced one year of suspended sentence in six months, and forty hours of orders to complete sexual assault treatment programs, is too unreasonable.

2. Determination

가. 사실 오인 주장에 대한 판단 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정할 수 있는 다음과 같은 사정들, 즉 ① 피해자 B는 수사기관에서부터 원심 법정에 이르기까지 “ 주점에서 서빙을 하면서 주방으로 그릇을 옮기던 중 누군가 왼쪽 엉덩이를 1회 움켜쥐는 느낌이 들어 깜짝 놀라 반사적으로 뒤를 돌아보니 피고인이 당황한 표정으로 양손을 들고 본인을 쳐다보고 있었고 주위에 다른 사람은 없었다.

Although there were many customers at the main point at the time, the passage that the defendant passed was booming booming to the extent that booming should be passed.

As the master knew about the indecent act to his superior and the president resisted the R's organizer in which the defendant participated, the organizer would be aware of the indecent act to the defendant.

In the vicinity, the police was called up by reporting 112, and the defendant was investigated into the police station along with the defendant on that day.

"The statement was made", which means that the statement is consistent, specific, and especially false, it cannot be found, and ② F appears as a witness in the court of the first instance, and the defendant, who had been a customer, was in the main place, was under the influence of alcohol.