A. (1) In relation to the facts charged in the instant case, there is no fact that the Defendant made a physical contact, such as the fact that he was in charge of the victim’s chest, even though he was able to capture or catch the victim’s shoulder, in a sense of encouragement in the lecture room.

(2) In relation to Paragraph (2) of the facts charged in the instant case, although the Defendant was aware of the Victim’s arms, there was no fact that the Defendant delivered the Victim’s chest while deeming the Victim’s chest to be unfolded about the previous chests.

(3) The victim had sufficient motive to dismiss the Defendant with an unfortunate appraisal.

Nevertheless, the judgment of the court below which convicted all of the facts charged of this case on the sole basis of the victim's statement that is not reliable because the statement is not consistent.

B. The sentence imposed by the lower court (two years of imprisonment, three years of suspended execution, etc.) is too unreasonable.

2. Determination

A. (1) The summary of the lower court’s determination on the Defendant’s assertion of mistake of fact was the same as the grounds for appeal in the lower court. In full view of the evidence duly admitted and investigated by the lower court, the lower court determined that the victim’s statement that the Defendant suffered damage from indecent act by compulsion on two occasions was credibility.

(2) Although the probative value of evidence (A) is left to the free judgment of the judge, such judgment shall conform to logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial shall be such that there is no reasonable doubt, but to the extent that it does not require any possible doubt, and it shall be rejected by causing a suspicion that there is no reasonable ground to believe that the probative value exists.