The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim.

B. The lower court’s sentence of unreasonable sentencing (the fine of three million won and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances revealed by the evidence duly admitted and investigated by the lower court, the lower court can recognize the facts that the Defendant committed an indecent act against the victim, as described in the facts charged.

Therefore, this part of the defendant's argument is without merit.

① At the investigative agency and the trial court, the victim stated consistently and specifically as to the main part of the facts charged to the effect that “The Defendant was able to drink fright while drinking alcohol in a ward, and her panty, and her panty was fright and her panty.”

② The Defendant, who was under the influence of alcohol in the court of the court below, led to the confession that he was aware of the crime, and the investigative agency also stated to the effect that “The Defendant was the victim who was under the influence of alcohol on the day of the case, but was only the victim’s resistance after the occurrence of the case.” The Defendant stated to the effect that it was sexual indecent act.”

B. The Criminal Procedure Act, which adopts the principle of trial-oriented and directness of unreasonable sentencing, should respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). As new sentencing materials have not been submitted in a trial, there is no change in the conditions of sentencing compared with the original judgment, and comprehensive consideration of all the reasons for sentencing indicated in the records of the instant case.