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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant did not commit an indecent act by using the victim’s sexual organ as stated in the facts charged, the lower court convicted the Defendant, misunderstanding the facts, thereby adversely affecting the conclusion of the judgment.
B. The sentence imposed by the lower court (one million won of fine and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.
2. Determination
A. The following facts or circumstances are determined by the evidence duly adopted and examined by the court below, or can be found in light of the facts admitted by the court below. ① The victim was consistently set from the investigative agency to the court below, and the defendant and the victim was found to have been employed in a canter to the extent that the victim's sexual organ was fluored by the defendant. ② At the court of the court of the court below, the defendant and the victim were not at a location to witness the body of the defendant and the victim at the time when the defendant and the victim were asked to fluor, and the article stated that "the defendant was sexually indecent acts that fluord with the victim," and the victim stated that "the victim was under drinking at the time of the occurrence of the case, and the victim was also the victim's fluort with the victim's sexual organ was 1 to fluort with the victim's sexual organ."