The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant of mistake of facts is only a fact that there was the shoulder of the victim, but did not commit an indecent act by deceiving the victim's chest as stated in the judgment of the court below.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. According to the evidence duly adopted and examined by the court below, especially the investigation agency of C, which can recognize credibility, and the statement at court of the court below, the defendant can sufficiently recognize the fact that the defendant committed an indecent act by deceiving the victim's chest as stated in the court below's decision.

Therefore, Defendant’s assertion is without merit.

B. The Defendant is the primary offender of unreasonable sentencing.

However, the crime of this case was committed by indecent act against the disabled of class 2 with mental retardation disorder, and is not good, and the defendant did not receive a letter from the victim until now.

In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable as it is too unreasonable.

Therefore, Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit