The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendant guilty of the facts charged of this case, is erroneous in the misapprehension of legal principles, even though the Defendant did not associate with the victim C by coercion or by force, as stated in the judgment of the court below.

B. The Defendant was in a state of mental disability, since the Defendant was found to have been mentally ill-incompetent at the time of committing the instant crime.

C. The sentence imposed by the lower court (the fine of four million won and the order to complete a sexual assault treatment program 24 hours) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, such as the police statement of the victim C about mistake of facts or misapprehension of legal principles, the witness D's statement, and the injury diagnosis report, etc., the defendant can fully recognize the fact that the victim's bucks were involved in the victim's hand and forced the victim to commit an indecent act by force, and that the victim's face was inflicted on one occasion by drinking.

Therefore, the defendant's above assertion is without merit.

B. According to the record of the determination of the claim of mental disability, even though the defendant is found to have been judged as having a disability level 4 due to liverness, the defendant did not lack the ability to see the right and wrong of things or make decisions due to liverness in light of various circumstances, such as the details of the crime, the form of the act, and the conduct before and after the crime.

Therefore, the defendant's above assertion is without merit.

C. The circumstances favorable to the Defendant include: (a) the Defendant did not have a previous record of sexual assault on the assertion of unfair sentencing; and (b) the Defendant did not have good health status with a class 4 disabled person.

However, the crime of this case is committed in an indecent act against the victim, and furthermore, in the face of the victim who resists the victim, and the method or the nature of the crime is not good, and the defendant is not guilty.