The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In regard to the crime of this case committed by mistake of facts and misapprehension of legal principles, the Defendant did not regard that the Defendant entered the victim while concentrating the Defendant in singing, and the victim did not know the fact that the injured person goes beyond the Defendant’s entrance, and therefore, the contact with the victim’s body on the Defendant’s bridge was merely an inevitable contact with the victim’s body was merely an intentional act containing the intention of indecent act.

B. The sentence of the lower court’s unfair sentencing (the amounting to KRW 6 million and the order to complete a sexual assault treatment program of KRW 40 million) is too unreasonable.

2. Determination

가. 사실 오인 및 법리 오해 주장에 대한 판단 원심이 적법하게 채택하여 조사한 증거에 의하여 인정되는 다음과 같은 사정 즉, ① 피해자는 원심 법정에서 ‘ 피고인이 발을 흔드는 걸 보고 맥주를 놓고 일부러 멀리 돌아서 나오는데 피고인이 발을 흔들다가 갑자기 대각선 쪽으로, 음부 쪽을 향해서 정확히 찼다’ 라는 취지로 증언한 점( 공판기록 제 100 쪽), ② 당시 현장에 출동했던 경찰관인 증인 F, G은 원심 법정에서 피고인에게 ‘ 그 다리로 이렇게 한 것이 맞느냐

“The Defendant may not do so on the other hand, not on the other hand, because it is “.....”

Does it be no longer.

1.2 1.3

In full view of the testimony (the trial record 142, 158 pages) and other facts, the judgment of the court below is just, since the defendant can sufficiently recognize the fact that the defendant committed an indecent act against the victim by force due to an intentional act at the time of the accident in this case, and the judgment of the court below is erroneous, and there is an error of misunderstanding of facts and misunderstanding of legal principles as alleged by

shall not be deemed to exist.

B. The nature of the crime is very high in view of the sexual humiliation and mental suffering that the victim had suffered due to the instant crime.