A. Prosecutor 1) In the case of making a statement of mistake of facts (not guilty part) that the victim did not have committed indecent act by compulsion against the police officer called out by the victim, the victim’s male-friendly room is to increase more, and as long as the victim made a consistent and concrete statement from the investigation agency to the court below after the complaint, and the victim made a statement from the investigation agency to the court below to the court below, the credibility of the statement can be acknowledged, but the court below rejected this part of the facts charged, and found the defendant not guilty of this part of the facts charged, and there is an error of law by misconception of the facts and finding the judgment of the court below not guilty of this part of the facts charged. 2)

B. The sentence imposed by the lower court against the Defendant is too unreasonable.

2. Determination

A. The judgment of the court below on the prosecutor's assertion of mistake of facts (not guilty part) rejected credibility on the grounds that there are various facts and circumstances as stated in the judgment of the court below as to the statement of the victim and the victim's male-child family D, which is the main evidence of this part of the charges, ① investigation into the facts of indecent act by compulsion according to the victim's male-child family D's statement that the victim had been forced by indecent act by compulsion. The victim stated three times before and after the complaint that no indecent act by compulsion was committed, it is difficult for the police investigation to easily understand the circumstances leading up to the reversal of the above statement. ② In light of the circumstances before and after the complaint of this case, the defendant seems to have attempted to cause the victim as he knows, and rather, the above D's statement was likely to cause the victim to cause the occurrence of indecent act by exaggeration of the situation due to the victim's statements and interesting remaining after the victim's statement. The court below's lawfully adopted and examined the evidence records and circumstances as stated in the judgment of the court below.