The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. The Defendant did not commit an indecent act against the victim as stated in the facts charged in the instant case, and did not have any intention to commit an indecent act against the Defendant.

Nevertheless, the lower court erred by misapprehending the legal principles or misconception of facts that found the Defendant guilty of the facts charged of this case.

B. The sentence imposed by the lower court (2 million won of fine, 40 hours of order to complete a program, and 1 year of employment restriction order) is too unreasonable.

Judgment

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant asserted the same purport as the grounds for appeal in the lower court.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court of the court below and other circumstances, the date and place of this case, the relationship between the defendant and the victim, and the victim's age, the court below held that the defendant committed an indecent act against the victim's left knife on two occasions due to his/her finger, and that the above defendant's act constitutes "indecent act" under Article 298 of the Criminal Act as an act that causes sexual humiliation or aversion to the general public and infringes on the victim's sexual freedom against good moral sense, and that at the time there was an intentional indecent act by force against the defendant.

(1) The victim has consistently and specifically stated in an investigative agency and a court of the original instance as to the act of indecent act in this case and the situation before and after the crime, the contents of conversation between the Defendant and the victim, response thereto, and the circumstances leading to the reporting of the crime in this case.

The victim's statement is very specific by describing detailed situations in which it is difficult to make statements without direct experience.

It is difficult for the victim to find out special circumstances or reasons to make a false statement in order to mislead the defendant.