The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts - The Defendant did not commit an indecent act by taking advantage of the victim H’s mental disorder or failure to resist, as stated in the facts stated in paragraph (3) of the judgment below.

Nevertheless, the court below found the victim's statement, etc. without credibility as evidence to be guilty of this part of the facts charged, and there is an error of misconception of facts.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

가. 사실오인 주장에 대하여 (1) 원심의 판단 원심은, ① 피해자는 수사기관에서 원심 법정에 이르기까지 "피고인, I과 함께 G주유소 2층에서 술을 마시다가 탁자에서 잠이 들었고, 이후 피해자는 침대 매트리스 위에 누워 잠을 자고 있었는데, 엉덩이 치마 부분에서 무언가 만지는 느낌과 옷이 벗겨지려는 느낌이 들어 잠에서 깼고, 당시 피해자의 상의 남방셔츠는 밑에 단추 2개만 빼고 모두 풀어져 있었으며, 치마와 속옷이 허벅지 반까지 내려져 있었다.

The defendant's bucks with bucks between the victim's bucks and kept off the buck, and the buck distance between the water was sucked that the object embucks the victim's embuck, and this was the Defendant's sexual embuck.

Therefore, while the victim was suffering from the victim's body in the opposite direction, the victim tried to see the part of the victim's shoulder as his hand, and the defendant tried to see the part of the victim's shoulder, and to see whether the defendant will be able to start, sound and so far from the following.

Therefore, the victim got sound, and the defendant was the victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's ", and the defendant's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's