The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The fact that a mistake of fact was taken by the victim's call to repair TV working at the hotel Kamerter, and entered the No. D room using Masky by Masky is recognized.

However, the Defendant did not commit an indecent act against the victim as stated in the facts charged of the instant case, and instead, the Defendant took action, such as drinking the victim’s body or intending to get off his clothes, etc., and took place only with the victim during the process of preventing such action.

At the time of the occurrence of this case, the victim was already aware of the fact that the defendant is B hotel staff, and continued to stay in the above hotel without immediately reporting the defendant even after the occurrence of this case, and did not comply with the procedure of collecting evidence related to the crime.

Therefore, the victim's statement concerning the facts charged of this case is not reliable.

Nevertheless, the court below found the victim's statement to be guilty of the facts charged in this case by reliance on the victim's statement.

B. The sentence imposed by the lower court (one year of imprisonment, etc.) is too unreasonable.

2. Determination

A. 1) The judgment of the court below also asserted the same purport as the grounds for appeal in this part. The court below rejected the defendant's assertion and found the defendant guilty of the facts charged in this case on the ground that the defendant's statement was not consistent, specific, and inconsistent with the objective data, such as the situation of the guest rooms in B hotel D at the time of the occurrence of the instant case, which can be known by the computer program of the hotel operator, and the entrance screen of the hotel operator and the 10th floor corridor CCTV at the time of the occurrence of the instant case. On the other hand, the defendant's statement was hard to believe for the reasons as stated in its reasoning. 2) The judgment of the court below is based on the substantial principle of direct examination adopted by the Criminal Procedure Act.