The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. The Defendant, under the influence of alcohol on the day of the instant case, was inevitable in order to ensure the safety of the victim, and there was a sacrificing the victim’s sacrine and sacrificing the victim’s sacrine, and there was no indecent act by force on the part of the victim, and there was no intention to commit indecent act.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. Legal principles are somewhat excessive that the defendant's act is somewhat excessive.

This constitutes an urgent escape or legitimate act.

Nevertheless, by finding guilty of the facts charged of this case, the court below erred by misapprehending the legal principles as to emergency evacuation or legitimate acts, which affected the conclusion of the judgment.

(c)

In light of the fact that the criminal act of this case was committed to help the victim who is in a state of detention, etc., the sentence of the court below that sentenced the fine of 6,000,000 won and the order to complete the sexual assault treatment program for 40 hours is too unreasonable.

2. Determination

A. The Defendant did not commit an indecent act against the victim in the lower court’s judgment as to the assertion of mistake of facts, and did not intend to commit an indecent act.

The court below rejected the defendant's assertion on the grounds as stated in its reasoning, and recognized that the defendant committed an indecent act against the victim and committed an indecent act. In full view of the evidence duly adopted and examined by the court below, the judgment of the court below is justified and it is not erroneous as otherwise alleged in the grounds of appeal.

B. The Defendant’s act of determining the misapprehension of the legal doctrine cannot be deemed as a reasonable act to avoid the present danger to his or another person’s legal interests, and it is difficult to recognize the reasonableness and urgency of such means and method, thereby constituting a justifiable act that does not contravene the social norms.