A. In the absence of the fact that the Defendant committed an indecent act by compulsion against the victim C on three occasions as stated in each of the criminal facts in the judgment below, the court below convicted the Defendant of each of the facts in the instant case by misunderstanding the fact, by failing to comply with other objective evidence, contrary to other objective evidence, and making a statement of the victim who is not reliable in light of the empirical rule.

B. The sentence imposed by the court below on the defendant (the fine of two million won and the order to complete a sexual assault treatment program for 40 hours) is too unreasonable.

2. Determination

A. 1) In light of the spirit of the principle of substantial direct and psychological examination adopted by the Korean Criminal Procedure Act, the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is clearly erroneous, or in light of the results of the first instance’s examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court, unless there are exceptional cases where maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance court is deemed significantly unfair, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). 2) On the basis of the above legal principles, examining the evidence duly adopted and examined by the lower court, the lower court acknowledged the credibility of the statement made by the witness of the first instance court C through the examination of the witness of the victim C, and comprehensively considered other circumstances, and found the Defendant guilty of each of the facts in this case.