The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In other words, the Defendant did not intend to commit an indecent act against the victim at the time of committing the instant crime.

Nevertheless, the court below recognized the defendant's intentional indecent act against the victim. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

(c)

The punishment sentenced by the court below to the defendant (five years of imprisonment, 40 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, where the defendant denies the criminal intent, the facts constituting such subjective elements are bound to be proven by the method of proving indirect facts or circumstantial facts having considerable relevance with the criminal intent due to the nature of things given the nature of things, and what constitutes indirect facts having considerable relevance should be determined by the method of reasonably determining the link of facts based on the close observation or analysis power based on the normal empirical rule (see, e.g., Supreme Court Decisions 2002Do6103, Jan. 24, 2003; 2005Do8645, Feb. 23, 2006). 2) In the court below, the defendant led to the confession of the facts charged in this case and forced indecent conduct at the same time.

However, comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court in light of the aforementioned legal doctrine, the Defendant’s access to the victim with intent to commit an indecent act at the time of committing the instant facts charged and sustained injury can be fully recognized.

In the police investigation, the defendant is not aware of the circumstances of this case at all.

“At the same time,” while consistently making a statement to the effect that it was “the purpose of the prosecutor’s investigation.”