The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. There was no intention to commit an indecent act against the victim of mistake of facts.

B. At the time of committing the instant crime with mental disorder, the victim was under the influence of alcohol and lacks the ability to discern things and make decisions.

C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, the Defendant made the same assertion as the grounds for appeal in this part, and the lower court rejected the above assertion by providing the judgment under Paragraph 2 under the title “judgment on the Defendant and his defense counsel’s assertion” in the judgment. In so doing, the lower court recognized the above judgment as legitimate in comparison with the records, and did not err by misapprehending the facts, as alleged by the Defendant.

Therefore, the defendant's above assertion is without merit.

B. According to the records as to the assertion of mental disorder, even though the defendant was drunk at the time of the crime of this case, the defendant was deemed to have not been able to receive treatment due to alcohol dependence and mental illness in the past, and in light of the defendant's speech and behavior at the time, the crime of this case is not committed under the state of lacking ability to distinguish things and make decisions

Therefore, the defendant's above assertion is without merit.

C. It is recognized that the defendant has no past record of punishment on the assertion of unfair sentencing.

However, in full view of the following facts: (a) the Defendant’s crime of this case appears to have caused considerable sexual humiliation; (b) the Defendant did not reach an agreement with the victim; and (c) the Defendant’s age, character, conduct and environment, etc., the Defendant’s punishment is too unreasonable, and thus, the Defendant’s assertion is not reasonable.

3. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) exempt from an employment restriction order.