A. The judgment of the court below that found the defendant guilty of this part of the facts charged even though the defendant did not commit an indecent act against the victim was erroneous.

B. The sentence of the lower judgment on unreasonable sentencing (ten months of imprisonment, two years of suspended sentence, and forty hours of an order to attend sexual assault treatment lectures) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the lower court can acknowledge the facts that the Defendant committed an indecent act against the victim.

Therefore, the defendant's assertion of mistake is without merit.

(1) A victim consistently states from an investigative agency to the court of a trial that he/she suffered the same damage as the stated in this part of the facts charged from the accused.

② The Defendant made a confession of this part of the facts charged in the original trial, and there is no reason to suspect the credibility of such confession.

③ At an investigative agency, G stated that the Defendant was frequently aware of the victim’s sexual intercourse behavior.

[G은 당심에서 수사기관에서의 진술과 달리 피고인이 피해자의 성기를 잡아당기는 모습을 보지 못했다고 진술하기도 하였으나, G의 수사기관에서의 진술이 상당히 구체적인 점, G은 수사기관에서 피고인이 피해자에게 한 행동에 대하여 자신의 감정을 진술하기도 한 점(G은 수사기관에서 피고인의 행동에 대하여 “짖궂다고 생각했고, 나한테는 저렇게 하지 않으면 좋겠다는 생각을 했습니다.”라고 진술하였다

(B) G’s statement in G that it did not see the victim’s sexual organ in light of the fact that G stated “(police) Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do.” (hereinafter “W Do Do Do Do Do Do Do Do Do

Defendant on the assertion of unfair sentencing.