The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, by obtaining the consent of the victim, did the first key, and did only continuously second the second key, and did not commit any other indecent act as stated in the facts charged in the instant case.

Therefore, the judgment of the court below that found the defendant guilty of the facts charged in this case, although the defendant did not intentionally commit an indecent act against the victim of the prosecution.

B. The sentence of the lower court (the amount of KRW 7 million, the amount of KRW 40,00,000, and the order to complete a sexual assault treatment program for 40 hours) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the following circumstances are acknowledged.

(1) The victim committed an indecent act by force by the defendant, as stated in the facts charged in this case, from the investigative agency to the court below.

In making statements, the circumstances of the instant case were specifically and consistently stated (the 11th page of the investigation record, and the 52,54 pages of the witness examination record against C). (2) In addition, the victim tried not to make a complaint immediately after the instant crime was committed, “the first time the new test was made.”

Then, the victim made a statement to the effect that he was able to see himself while being frighten, because he was frighten and was frightened by being frightened by being frighten. Therefore, at the time of today's trial, he was frighten and frighted by being frightened (in light of the investigation record No. 15, 16 pages), and the victim's accusation, etc., there seems to be no particular motive for the victim to make a statement by processing false facts against the Defendant.

③ At an investigative agency, the Defendant rejected the victim’s refusal to go again with the inner wall and again, saying, “No. s. s. s. s. s. s. s. s. s. s. s. and s. s. s. s. s...