The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. The judgment of the court below that found the Defendant guilty of the facts charged in this case, by mistake of facts, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. Even if not, the sentencing of the lower court (the fine of KRW 1.5 million) is too unreasonable.

Judgment

A. Regarding the assertion of mistake of facts, the court below made a consistent statement from the investigative agency to the court of the court below to the following circumstances that can be recognized by comprehensively taking account of the evidence legitimately adopted and examined by the court below. ① The victim made a statement to the effect that “the defendant was exposed to the defendant’s wife at the time, time, time, and place indicated in the facts charged after drinking with the defendant, and suffered bodily injury from violence from the defendant because he was sexually ill,” ② The witness E of the court below stated that “the defendant was asked to talk to the purport that he was assaulting the victim at his house,” ② The witness E of the court below stated that “F reported the crime of this case to the investigative agency, “F reported that the defendant and the victim were satisd with each other at the time and place of the public prosecution, and reported to the police that the defendant continued to have been present at the time,” and that the defendant’s statement and the victim were not related to the defendant’s statements, and thus, it is sufficiently reasonable to recognize credibility and credibility as stated in the facts charged at the time.

B. We examine the argument of unfair sentencing, and the defendant is the age of 77 years and the crime of this case.