A. In the lower judgment that found the Defendant guilty of the instant facts charged, the lower court did not err by misunderstanding the facts, even though the Defendant merely saw the victim’s arms, and did not kis on the face.

B. The lower court’s sentence (2 million won in punishment, 50 hours in order to complete the course, and 50 hours in the cost of the lawsuit) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. 1) On the assertion of mistake of facts, the first instance court’s determination on the credibility of the statement made by a witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, and the first instance court’s determination on the credibility of the statement made by the witness of the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2015Do2551, Apr. 15, 2016). 2) The Defendant asserted the same purport as the grounds for appeal in the lower court, and the lower court rejected the Defendant’s aforementioned assertion based on the evidence employed by the lower court.

3) According to the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant can be sufficiently recognized that there was an indecent act by force against the defendant, such as inducing the victim in person and kisking on face as stated in the facts charged in the instant case, and that there was an indecent act against the defendant.