The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In order to shoulder the victims who were divingd in a taxi, the Defendant did not commit an indecent act by taking advantage of the victim’s state of inability to resist, such as the criminal facts entered in the original judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of 5 million won, the 40-hour program program program program program program program) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as well as the victim’s statement in the lower court regarding the assertion of mistake of facts, the fact that the Defendant committed an indecent act by using the victim’s state of impossibility to resist, as stated in the facts constituting the crime

The defendant's above assertion is without merit.

B. It is reasonable to respect the allegation of unfair sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even if considering all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and circumstances after the crime, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

The defendant's above assertion is without merit.

3. The defendant's appeal is dismissed.