The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since misunderstanding of facts from the cell phone of the victim's cell phone constitutes a justifiable act to secure personal information after sexual assault was inflicted, and the use of the cell phone card together with the cell phone case constitutes the consent of the defendant, the court below convicted the defendant of the facts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. In full view of the following facts and circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and examined by the trial court as to the assertion of mistake of facts, the lower court’s judgment that found the Defendant guilty on the ground that the Defendant had the victim’s cellular phone and body check, etc. and used the victim’s check without the victim’s consent is justifiable, and thus, the Defendant’s assertion on this part is rejected.

The victim tried to have sexual intercourse between the victim and his/her age club from the investigative agency to the trial of the party, but tried to have sexual intercourse with the victim and his/her age club without having a large amount of drinking alcohol, and did not request 300,000 won for the price that the victim was the defendant together, and the victim again brought about the defendant's cell phone and cell phone case, and made a consistent statement of damage and credibility in light of its contents, etc.

B. On the other hand, while the victim alleged to the effect that he/she was sexual assaulted by the defendant, it is stated that the investigative agency would have sexual intercourse in return for payment from the defendant, and that the defendant was not paid for the reason that he/she was considered to have sexual assaultd by the defendant.