The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the statement of the victim of mistake of facts is not consistent with the statement of the victim of mistake of facts, and the fact that the cleaning is conducted in the female toilet with the attitude of the victim immediately after the victim was committed an indecent act, and the behavior generally taken by the victim of the indecent act, and the distance from the behavior taken by the victim of the indecent act, the victim's statement is not reliable, but the judgment of the court below

B. The sentence of the lower court’s unreasonable sentencing (a fine of 5 million won and 40 hours in a sexual assault treatment program) is too heavy.

2. Determination

A. Considering the following circumstances revealed in light of the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant can be sufficiently recognized as committing an indecent act against the victim as stated in the facts charged.

This part of the defendant's assertion is without merit.

1) On the day of the instant case, the victim reported the fact of damage to P.M. on the day of the instant case, and the investigative agency and the lower court consistently stated the fact that the Defendant, citing the Defendant and her clothes, putting his finger and her fingers in his clothes, and thereafter her chest and her tocks have been cut off. 2) The victim, under the police investigation of the instant case, was under investigation by the police, retired from her workplace. However, there is no motive or reason for the victim to file a false complaint against the Defendant.

3. On the other hand, the Defendant had consistently expressed interest, such as the Defendant’s cruel drinking to the victim and the telephone number known.

B. The Defendant’s assertion of unfair sentencing is an element of sentencing favorable to the Defendant that has no criminal record of the same kind and no criminal punishment heavier than the fine is imposed.

However, the defendant denies and does not reflect the crime until the trial of the case, the victim was not able to keep the workplace in this case, and the defendant did not agree with the victim.