The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The judgment of the court below that found the defendant guilty of the facts charged of this case, although the defendant had not committed an indecent act against the victim, is erroneous in the misapprehension of facts.

B. The sentence of the lower court’s unfair sentencing (7 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. In addition to the circumstances described by the court below in the second page 11 to 18 of the judgment of the court below, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, and ① the victim was present at the court of the court below to the effect that the contents of the statement made by the investigative agency immediately after the occurrence of the case are more accurate since the victim made a statement when his memory is clear as soon as the contents of the statement made by the investigative agency are immediately after the occurrence of the case. The victim, at the time of the first statement at the investigative agency, made the victim to the right chest of the victim, and the defendant went to the right of the victim, and the defendant got to the right of the victim.

The above statement was made by the injured party. At the time of the instant case, at the time, the Defendant cited the tax fluence in the Defendant’s left hand (the 30th page of the evidence list 6 pages and the evidence record) was consistent with the victim’s statement. ② The injured party was aware that the injured party stopped in the way to suspect the Defendant, and that the injured party was doubtful about the same apartment c Dong-dong 5 to 6Ra of the instant apartment c, and the injured party went into C Dong-dong 5 to 6Radas of the instant apartment c, thereby causing the instant damage, and the Defendant was fluened with the Defendant, and the Defendant escaped as soon as possible after committing an indecent act against the injured party and went back to the injured party.

The statement is very specific and detailed about the situation before and after the instant case (Evidence No. 17,20, page 66, page 67 of the trial record), and ③.