The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant case of mistake of facts, the victim was not in the state of mental or physical disability or impossibility to resist, and even if the victim was drunk, there is a possibility of being a kind of blackout which could not be forgotten later, even if the victim was not aware of the situation at all under the influence of alcohol.

The defendant did not have committed any indecent act against the victim, but rather attempted to contact with the victim by having the victim take the hand of the defendant, and let the victim take his chest or fry with him.

The judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment, 40 hours of completing sexual assault treatment programs, and 3 years of employment restriction) is too unreasonable.

2. Determination

A. The Defendant, in the lower court’s judgment as to the assertion of mistake of facts, argued in the same manner in the trial, and the lower court, based on the evidence duly adopted and investigated, found the facts charged in the instant case guilty.

The following circumstances revealed by the evidence duly adopted and examined by the court below, i.e., the victim's statement is consistent, specific, and there is no inconsistency in the victim's statement in light of the empirical rule, and there is no motive to mislead the defendant, and thus, the victim's credibility in the victim's statement is acknowledged. The victim is a young female at the age of 24 at the time of this case, and the victim is the young female at the age of 47, and the date of this case is the date of this case. The defendant's statement that the victim requested sexual intercourse and forced the defendant to physically contact with the defendant is difficult to believe in light of the empirical rule. The defendant's statement that the victim requested sexual intercourse first and attempted to force the defendant to contact with the victim is the victim's own phone at the drinking place.