A. In a situation where it is difficult to misunderstanding of facts, the Defendant committed a physical contact with the victim at all in the course of diving from the victim's side, and did not commit an indecent act against the victim, such as the facts charged, but the lower court found the Defendant guilty of the facts charged in the instant case on the basis of evidence without credibility, so the lower court erred by misapprehending of facts.

B. The sentence imposed by the court below on the defendant (two years of suspended execution for six months of imprisonment, two years of community service, 120 hours of imprisonment) is too unreasonable.

2. Determination

A. The court below made a statement to the effect that the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim made a statement consistent with the facts charged, ② the witness E made a statement to the effect that “the defendant saw that he was able to use the victim’s clothes from the side (39,40 pages)” and the witness F of the court below made a statement to the effect that “the defendant was inside the victim” (53 pages of the trial record) corresponds to the victim’s statement, ③ the above witness’s statement corresponds to the victim’s statement, ③ the above witness’s statement corresponds to the main part, and there was no reason to believe that each of the above witnesses made a false statement against the defendant, and there was no other evidence to find that the above statements were false or mistakenly made, ④ The witness E of the court below failed to take part in the victim’s clothes at around 04:35 on the day of the instant case, and it was hard to see that the defendant again carried out the above closed circuit at around 36:41444 on the day.