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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the defendant's act of mistake of facts or misapprehension of legal principles was the same as the facts in the judgment of the court below, such act alone does not constitute an indecent act against children or juveniles by force, the court below erred by misunderstanding the facts in finding the defendant guilty of the facts in the case, or by misunderstanding the legal principles of the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse
B. The sentence imposed by the lower court (a fine of eight million won, and an order to complete a sexual assault treatment program for forty hours) is too unreasonable.
2. Determination
A. 1) The lower court also asserted the same purport as the grounds for appeal on this part. The lower court, based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court under the title of “the Defendant and the defense counsel’s assertion and judgment,” found the Defendant guilty of the facts charged against the Defendant on the ground that the Defendant’s act was committed against the victim’s will, thereby causing sexual humiliation, as well as the victim’s sexual humiliation, and that it was sufficient to evaluate the victim as an indecent act from the perspective of ordinary people. 2) If it is determined based on the precedents, rules of evidence, and evidence on the criteria for determining the credibility of the statement by the person claiming sexual assault victims, the lower court’s determination is proper, and it does not err by misapprehending the legal doctrine on the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, thereby affecting the conclusion
Therefore, we cannot accept this part of the defendant's assertion.
B. The defendant's act itself is against his own will be recognized, and the degree of indecent act against the victim is not serious, and the judgment of the court on the argument on unreasonable sentencing has reached.