A. The Defendant, as indicated in the facts charged, did not know the victim’s fact, and the victim was unable to know the facts well, thereby driving the victim’s arms with the insurance-related documents.

In addition, D's statements that witnessed the victim's statement and forced indecent conduct are inconsistent with credibility.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and erroneous.

B. The sentence of the lower court (the 4 months of imprisonment, the 2 years of suspended execution, the 2 years of order to attend a course) is too unreasonable.

2. Determination

A. 1) In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of the statement made by the witness of the first instance court in light of the contents of the judgment of the first instance court and the evidence duly examined in the first instance court, the first instance court clearly erred in the determination on the credibility of the statement made by the witness of the first instance court in light of the contents of the judgment of the first instance court and the evidence duly examined in the first instance court.

Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of further examination of evidence conducted by the court of first instance until the closing of pleadings, the appellate court should not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). 2) In full view of the following facts and circumstances acknowledged by the evidence duly adopted and duly examined by the court below, each statement made by the victim and witness D, consistent with the facts charged, has credibility, and each of the above statements made by the victim and witness D, respectively.