The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are merely contacted with the body of the victim in a state of drinking, and there is no intention to commit an indecent act against the victim as stated in the judgment below.

In addition, even if there is such a fact, it should be punished as a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Place).

B. At the time of the instant case, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disability.

C. The sentence of the lower court on unreasonable sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the misapprehension of legal principles, especially the E/F investigation agency to recognize credibility, and the statement at the court of the court below, the defendant can sufficiently recognize the fact that the defendant committed an indecent act against the victim as stated in the judgment of the court below.

In addition, since the defendant committed an indecent act by using the victim's potential condition, it constitutes quasi-indecent act.

Therefore, Defendant’s assertion is without merit.

B. In full view of the means and methods of the instant crime, the Defendant’s attitude and words before and after the instant crime, and the circumstances after the instant crime, which are acknowledged based on the evidence recorded in the records of mental and physical disorder, the Defendant is recognized as having been aware of a little drinking, but did not have the ability to discern things or make decisions.

It does not seem to have reached a state of or weakness.

Therefore, Defendant’s assertion is without merit.

C. The defendant has no record of punishment in Korea.

However, there is no special change in circumstances that can determine the punishment differently from the original judgment when the victim did not receive a written request from the victim until now.

In addition, records, such as the motive, means and result of the instant crime, the defendant's age, character and conduct, environment, health status, previous conviction, and circumstances after the crime.