A. There is no fact that the victim commits an indecent act as stated in the facts of the crime in the judgment below.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of six months, the suspension of the execution of two years, community service, 80 hours, and the lecture attendance order for sexual assault treatment) is too unreasonable.

2. Determination

A. 1) In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts, the lower court can sufficiently recognize that “the Defendant committed an indecent act by force against the victim, as stated in the facts constituting the crime in the lower judgment.”

(1) A victim is consistently appearing from an investigative agency to the court of original trial on the date and place of each crime, the act of the Defendant committed against the victim at the time, etc.

② Examining the content of the message sent and received by the Defendant to the victim and N after each of the instant crimes, it can be seen that the Defendant dialogues with the victim on the premise that the Defendant committed an act identical to the victim’s statement.

③ Of course, considering the above N message content, although the victim had an aspect of inducing the defendant to answer, it appears to be aimed at securing evidence about each of the crimes of this case as the victim stated in the judgment below, and if the defendant did not act itself as stated in the facts constituting each of the crimes of this case, there seems to be no reason to exchange and give the above contents with the victim.

2) Therefore, the defendant's above assertion is without merit.

B. As to the wrongful argument of sentencing, 1) The Defendant is the primary offender, etc. is recognized.

2) However, the Defendant committed an indecent act on three occasions against the victim who was employed by his/her mobile phone agency, and the degree of such indecent act is not weak. Nevertheless, the Defendant did not seem to have committed an indecent act against him/her while denying his/her criminal act by a reply without persuasive authority, and the victim is the victim.