The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the facts charged.

B. The punishment of the lower court is heavy.

2. Determination

A. Comprehensively taking account of the evidence examined in the lower court’s argument of mistake of facts, the following facts and circumstances are recognized.

The facts that the defendant commits an indecent act against the victim may be recognized based on such facts.

1. At the investigative agency and the court of the court below, the victim gets a horse on the way that the victim gets off from the shuttle bus on the day of the instant case, where the defendant went to anywhere, and where he gets a telephone number.

피고인이 계속해서 다른 사람을 때린 사실을 이야기 하고 거친 욕설을 하면서 “ 한 번만 같이 자자” 고 하였고, 말하면서 여러 차례에 걸쳐 손등으로 가슴부분을 꾹꾹 누르면서 밀었다.

The defendant, as a bridge, was unable to gather his/her own bridge with him/her, was able to take hand if he/she was defective, and was unable to wear his/her left arms.

“In the end,” it refers to consistent and specific circumstances concerning the background and manner of the indecent act committed by the Defendant as in the facts charged, as well as the situation before and after the prosecution.

In particular, the victim showed that "the defendant was under the influence of alcohol, and Handphones in the form of pool."

2. The term “assumed.”

Defendant also takes the Handphone on the day of the instant case while talking the victim on the day of the instant case.

Recognizing the fact that he shown, the fact that the Handphone type used by himself is the spophonephone.

The victim's horses include the contents that the victim is unable to know if the victim does not experience directly, and it is not particularly contradictory.

After the instant case, the victim stated that her mother was subject to the instant indecent act by the Defendant, and her mother was the victim’s victim Nonparty E.