The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts shall not write and rhy the shoulder of the victim.

B. When committing the instant crime, the Defendant was in a state of mental or physical disability or mental disability due to mental or physical disorder at the time of the occurrence of the instant crime, the lower court neglected this.

C. The sentence of the lower court’s sentence of unreasonable sentencing (fine 15 million won) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below as to a mistake of facts, the defendant can sufficiently recognize the fact that the defendant committed an indecent act by rhyming the victim's shoulder as stated in the judgment below, so the defendant's assertion contrary thereto is without merit.

(H) On May 28, 2013, the content of recording a compliance disc recorded by the police officer on the currency on May 28, 2013, does not interfere with the determination of the lower court’s facts.

B. According to the record as to the allegation of mental or physical disability, even though the defendant was aware that he had drinking alcohol at the time of the crime, and that there was a usual mental disorder, in light of the circumstances indicated in the records, such as the background of the crime and the defendant's act before and after the crime, it is not deemed that he had suffered the ability to discern things and make decisions due to his drinking or mental disorder, or even the state where he has lost the ability to do so.

This part of the defendant's assertion is not accepted (it cannot be viewed that there was an obvious obstacle to different portion of the defendant at the time of the case, such as damage to the reality that the defendant could be accompanied by the mental state at the time of the case, even if based on the letter of reply to the appraisal of the doctor N who has appraised the mental state of the defendant at the request of the Korean court and the

Although the victim and the legal representative of the victim do not want to punish the defendant as to the assertion of unfair sentencing, the defendant reaches the crime of this case during the period of repeated offense, and appears on the date of pleading.