The defendant's appeal is dismissed.

In light of the gist of the grounds for appeal by defense counsel (unfair form of punishment) is against the defendant's wrong, the defendant committed the crime of this case by contingently, and the victim made efforts to injured the victim, etc., it is unreasonable for the court below to impose an order to suspend the execution of imprisonment for 2 years, probation, community service order of 160 hours, and order to attend sexual assault treatment for 40 hours in the month of imprisonment for 8 months.

Judgment

The crime of this case requires the victim to take a car along with the victim to take care of the victim's awareness through hosting, and the victim's refusal to take advantage of the victim's personal character, environment, motive and circumstance of the crime and circumstances after the crime, etc., and thus, it is not good that the crime of this case was committed by indecent act because the victim's chest seems to have taken charge of the victim's chest. The crime of this case seems to have caused sexual humiliation due to the crime of this case, and not to have been affected up to the trial, and there was no record of damage up to the trial, and the defendant received a fine of three million won as an indecent act at the Sungwon District Court's Sungnam branch on July 2, 2009. In full view of all the circumstances in the records and arguments of this case including the defendant's age, character and behavior, environment, motive and circumstance of the crime and circumstances after the crime, etc., even if considering the circumstances in the grounds for appeal, the above assertion by the court below is not justified.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the defendant's appeal.