A. Since the time of crime stated in the facts charged of mistake of facts cannot be deemed to have been specified, the facts charged of this case not only violates Article 254(4) of the Criminal Procedure Act, but also did not commit an indecent act against the victim, and there is no credibility of the victim's statement, the court below which found the defendant guilty of the facts charged of this case, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended sentence, and forty hours of order to attend a course) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court determined that the instant facts charged was specified and the credibility of the victim’s statement could be recognized, comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court.

① According to Article 254(4) of the Criminal Procedure Act, “The facts charged shall be stated clearly by specifying the date, time, place, and method of a crime.” As such, the purport of the law requiring the specification of the facts charged is to facilitate the exercise of the defendant’s right to defense. As such, the facts charged are sufficient to include the facts that constitute the elements of a crime in a way that they can be identified from other facts by taking account of these elements

In light of this, the facts charged in this case is specified in the time, place, method of crime, and victim of the crime, and there is no obstacle to exercising the defendant's right of defense. Thus, the facts charged in this case is specified.

② A series of processes conducted before and after each of the instant crimes, namely, the victim was able to drink alcohol with E, etc. at the Defendant’s house and play together with E, and thereafter, the victim’s attitude, etc. as to the damage level and indecent act method, and the Defendant’s attitude committed in the course of resisting the victim.