A. In light of the fact that the Defendant, as stated in the facts charged, did not commit an indecent act against the victim, and that the credibility of the statements made by the victim and witness F was low, the facts charged are proven to the extent that it is beyond a reasonable doubt.

Even though it is difficult to see the difficulty, the judgment of the court below which found guilty of the facts charged of this case is erroneous and adversely affected by judgment

B. The sentence of the lower court’s improper sentencing (six months of imprisonment, two years of suspended sentence, and 40 hours of lecture for the treatment of sexual assault) is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the Defendant asserted the same purport as the above facts, and the lower court rejected the aforementioned assertion by recognizing the credibility of the victim’s statement. The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court in light of the circumstances as stated in the reasoning of the lower court, namely, the victim made a concrete and detailed statement about the date and time and place damaged by the Defendant, the situation at the time and time, the method of committing the crime, the physical parts of the Defendant’s act of committing the crime, and the perception that the victim was suffering, etc., and the victim’s statement is not particularly contradictory to the victim’s statement or that it is difficult to find any circumstances or motive that may harm the victim and the witness F of the lower court by citing the victim’s false facts or by exaggerationing the fact that the victim committed an indecent act against the Defendant, and how the Defendant “ was able to talk about how the Defendant was inside” at the time of the instant case’s appearance.

G, there is a fact that the injured party at the time of the instant case resisted that he was the chest of the Defendant.

In light of the fact that the statement is made, the judgment of the court below is justified, and the defendant's assertion of mistake is without merit.

B. Sentencing;