The defendant's appeal is dismissed.

The summary of the grounds for appeal by the defense counsel is erroneous (the point of indecent act by compulsion) that the defendant want to talk with the victim C while taking a text message that he want to talk with the victim C, and found C as the house around November 24, 2015. On November 24, 2015, the situation where C and the dispute were resolved, and C were bread even under the influence of injecting C in order to reach C.

This does not correspond to C's indecent act against C's will, and the defendant did not have the intention of indecent act by compulsion.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding guilty of indecent acts among the facts charged in the instant case on the grounds of the statement of C without credibility.

In light of the fact that the Defendant committed the instant crime by hearing a speech disregarding the victim and contingently, the victim’s injury is minor, and the Defendant has no record of criminal punishment, etc., it is unreasonable for the lower court to impose the Defendant’s imprisonment for six months, on probation for two years and one year of probation, community service order for 80 hours, and order to attend sexual assault treatment lectures for 80 hours.

Judgment

The following circumstances that can be recognized by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, namely, ① the victim was found from the investigative agency to November 24, 2015 by the Defendant at night from November 24, 2015.

The defendant, while making a talk with the defendant, was able to see his body, refused to act, and the defendant's house returned to the defendant.

While entering the room, the same situation has been set up, and the defendant made a fire, the defendant said that "I died of 40 mariths", and that "I died of 40 mariths", it was divided by putting the shoulder on a forced ground, putting the shoulder on his/her hand, putting the lower part of the body on his/her body, and her body.

Any resistance could not be made, and the defendant was up of his body.