The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s grandchildren were the victim G (hereinafter “victim”) in the course of misunderstanding of facts and misunderstanding of legal principles

Although it could have gone through the sexual flag of the victim, the sexual organ of the victim with the criminal intent is not felling or singing down.

Since the victim was locked, it does not constitute “use of the state of mental or physical loss or resistance”.

B. The punishment of the lower court is too heavy.

2. Determination

A. According to the evidence examined in the lower court’s judgment as to the assertion of misunderstanding of facts and misapprehension of the legal doctrine, the fact that the Defendant committed an indecent act by deceiving the victim’s sexual organ on his hand as stated in the facts charged is recognized.

The defendant is in a state of mental or physical loss or impossibility to resist because of the victim's diving.

Since he/she had recognized that he/she had committed an act that was written in the facts charged, he/she seems to have had the intention to commit an indecent act by quasi-performance.

Although it was impossible to bring about a result of forced indecent act that caused mistake because the victim was not locked, it was highly likely that the circumstances recognized by the defendant at the time of the act would result in an indecent act by quasi-performance in light of the general public’s objective view.

Assessment shall be conducted (see, e.g., Supreme Court Decision 2015Do7343, Aug. 13, 2015). The lower court’s determination that the Defendant’s act constituted an impossible attempt to commit an indecent act by force is correct.

B. In 2008, the Defendant did not have any criminal record except that sentenced once to a fine due to a violation of the Medical Service Act in 2008, and agreed with the victim.

However, it is not possible to find out the attitude against the defendant, and the situation that the degree of sexual deliberation of the victim's boom and brue seems to be high is disadvantageous.

In addition, the sentencing of the court below is not recognized to be unfair when examining the conditions of the sentencing indicated in the records.

3. The defendant's appeal is dismissed (the second half of the judgment of the court below).