The defendant does not commit an indecent act against the victim as stated in the facts charged in the judgment below, and, in particular, the victim's statement, the only guilty evidence, is inconsistent with several objective evidences or the statement of other witnesses, and thus, the court below which found the defendant guilty of the facts charged in this case has erred by misconception of the facts.

The court below's sentence of unfair sentencing (six months of imprisonment) is too unreasonable.

Judgment

The Defendant alleged the same purport in the lower court’s judgment as to the assertion of mistake of facts, and the lower court recognized the credibility of the victim’s statement and convicted the Defendant for the following purposes.

The victim made a consistent statement from the investigative agency to the court of the court below to the purport that he was forced to commit indecent act by compulsion, and it seems that there is no reason to suspect that the victim was forced to commit indecent act by compulsion from the defendant in light of not only the specific contents of the statement but also the attitude of the statement in the court.

Specifically, it is true that the victim stated in the court of the court below that "the defendant was forced to make indecent acts by force after the opening of the door on the part of the defendant." It is true that the victim was installed in the cafeteria 3, which was produced in a ceiling and moved towards the horizontal direction, not in a string, but in a vertical direction.

However, even if the victim expressed “rawlslock” installed in the restaurant 3 room, it is important to use both the “rawls” and the “cacker” for the purpose of covering the windows, and ordinarily, it is important to use the expression “cacker” and, from the perspective of the victim, whether the Defendant committed any act before engaging in indecent act by compulsion. As such, the victim stated that “the Defendant cacker” and immediately said, there is no credibility of the victim’s statement.