The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실오인 피고인은 피해자를 껴안고 혀로 피해자의 얼굴을 핥고 손으로 피해자의 가슴을 만진 기억이 없고, 손으로 피해자의 성기 부분을 만진 사실이 없다.

B. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.

C. The lower court’s sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

가. 사실오인 주장에 관하여 원심이 적법하게 채택조사한 증거에 의하면, 피고인이 공소사실 기재 일시, 장소에서 피해자를 껴안고 혀로 피해자의 얼굴을 핥고 한쪽 손으로 피해자의 가슴을 만지고 다른 손으로 피해자의 성기 부분을 만지는 방법으로 피해자를 강제로 추행한 사실이 충분히 인정된다.

B. According to the evidence duly admitted and investigated by the court below as to the claim of mental disability, it is recognized that the defendant was in a state of drinking at the time of the crime of this case, but this does not seem to have been in a state of mental disability.

C. As to the assertion on unfair sentencing, there are grounds to consider the Defendant’s sentencing favorable to the Defendant’s sentencing, such as the Defendant’s absence of particular criminal records except for the Defendant’s suspended sentence by committing larceny, and the Defendant’s old age and health status is not good.

However, the crime of this case is an indecent act by force against the victim who was aware of the face of the defendant, who was living together with the victim's awareness, and had the victim 9 years old only by inducing him to a rare place. The crime of this case is bad, the degree of indecent act of this case cannot be deemed to be minor, and the victim's fear fear and this case's case's negative impact on the victim's sexual well-being formation is likely to be considerable, and the victim's legal representative wants to punish the defendant.