The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, while walking along the way, was faced with the victim and was physically contacted with the victim, and there was no indecent act by force against the victim.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million, and an amount of KRW 24 hours for sexual assault treatment program) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below, such as the statements made by the victim's investigative agency and CCTV images (Evidence Nos. 5) in relation to the victim's assertion of mistake of facts, the defendant can sufficiently recognize the fact that the victim's her tum, her part, is extended to outside as stated in the

The defendant's assertion of mistake is not accepted.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court as to the wrongful assertion of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The Defendant is the primary offender, and the degree of the instant indecent act is significant.

There are favorable circumstances such as the fact that it is not visible.

However, the lower court appears to have determined the sentence in consideration of the above circumstances, and there is no change of circumstances that may be newly considered in the sentencing after the pronouncement of the lower judgment, the Defendant did not oppose the instant crime while denying the instant crime, and the victim appears to have caused a serious sexual humiliation due to the instant crime. Nevertheless, considering the fact that the Defendant did not make any effort to recover the victim’s damage, and the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence, as well as various other circumstances that form the conditions for the sentencing specified in the instant case, such as the circumstances after the crime, it cannot be deemed unfair because the lower court’s punishment is too too unreasonable.

We do not accept the defendant's unfair argument of sentencing.

3. The Defendant’s appeal is without merit.