The defendant's appeal is dismissed.

1. The lower court found the Defendant guilty of a quasi-indecent act among the facts charged, but sentenced the Defendant not guilty on the ground that there was no proof of crime regarding the charge of forced indecent act.

As to this, the Defendant appealed against the guilty portion of the judgment below, but the prosecutor did not appeal against the acquittal portion.

If so, the judgment of the court below excluded the defendant from the scope of this court's trial and excluded the defendant from the judgment of this court.

2. Summary of grounds for appeal;

A. There is no fact that the defendant misleads the defendant as to the facts, as alleged in the facts charged, did the victim D's sound records.

The judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts or misunderstanding the legal principles.

B. The sentence that the lower court rendered against the Defendant (an amounting to KRW 5 million, an order to complete a sexual assault treatment program for 40 hours, and an employment restriction order for one year) is too unreasonable.

3. Determination

A. The Defendant also asserted the same purport in the lower court’s judgment as to the assertion of mistake of facts and misapprehension of legal doctrine.

As to this, the lower court: (1) The victim was under the influence of alcohol in the investigative agency and the court of the lower court, and (2) the victim was in the same manner.

C At the time of her occurrence, she talked that “the Defendant was able to write his/her hand in the rubber line of the victim,” and “the Defendant’s hand was on the part of his/her hand when he/she was born.”

The statement "," 2. C also in the investigative agency and the court of the court below, the victim's neck who was seated by the defendant was put on the bed of the bed.

Therefore, in light of the fact that the victim was shouldered and reported to 112, and the fact that the victim and C consistently make a relatively consistent statement on the background of the damage, there is credibility in the victim and C’s statement.