The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not have committed any indecent act by force against the victim.

B. In light of the fact that the health status of the illegal defendant in sentencing is not good and that there is no record of punishment for sexual crimes against the defendant without being much emphasis on the degree of forced indecent acts, the punishment sentenced by the court below (4 months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant had already asserted as stated in the grounds of appeal in the lower court, and the lower court rejected the above assertion on the grounds of detailed reasons in the judgment.

Examining the circumstances admitted by the evidence duly admitted and examined by the court below in comparison with the records of this case, the defendant committed an indecent act by force against the victim.

The judgment of the court below is just and acceptable, and the legal statement of F witness F of the court below does not interfere with the above judgment.

The defendant's assertion of facts is without merit.

B. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of direct determination of the unfair argument of sentencing, in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). In this case, there is no special circumstance or change of circumstances that may be newly considered after the sentence of the lower judgment.

In addition, the defendant committed each of the crimes of this case without being aware of during the period of suspension of execution due to a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.).

In addition, the age, sex, environment of the defendant, including those favorable or unfavorable to the defendant.