The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. There was no indecent act against the victim as stated in the facts charged, and there was no intention to commit the act.

B. The punishment of the lower court is heavy.

2. Determination

A. Comprehensively taking account of the evidence examined in the lower court’s argument of mistake of facts, the following facts and circumstances are recognized.

The facts that the defendant commits an indecent act against the victim may be recognized based on such facts.

In light of the method and details of the indecent act, the background leading up to the indecent act, the relationship between the defendant and the victim, etc., the indecent act was committed against the defendant.

It is reasonable to view it.

① The Defendant and the victim first met on the day of the instant case, and even before that, they did not have a relationship with the Defendant and the victim merely met in writing through the Facebook, etc.

② The victim was locked at the investigative agency after the Defendant was frighten and was frighten as the Defendant, but he was frighten at the lock, so the Defendant was frighten and was frighten in the back of the victim and was frighten in the panty.

2. The term “assumed.”

③ The victim reported 112 injury immediately after the instant case, and the Defendant was arrested as the current offender on the spot.

④ The Defendant stated at an investigative agency that “the victim’s panty panty, but the victim did not have her hands alone,” and in the court of original instance, the Defendant acknowledged the fact that the victim met as stated in the facts charged by stating that “the victim got her to the right side of the right side of the victim,” (a prosecutor was prosecuted that the Defendant committed an indecent act by the victim, but the prosecutor was indicted that the Defendant committed an indecent act by the victim, but revised the indictment that the Defendant was included in the facts that the Defendant committed an indecent act recognized in the court of original instance). Furthermore, considering the circumstances and the conditions of sentencing stated in the reasons for sentencing as well as the records, the lower court’s wrongful assertion of sentencing does not recognize that the sentencing was unfair.

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