A. The Defendant alleged that he committed an indecent act against the victim on the ground that there was no fact between B and B as the date and time stated in the facts charged in the instant case.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The prosecutor’s assertion (e.g., imprisonment with prison labor for six months and orders to complete a program) declared by the court below is too unfilled and unfair.

2. Determination

A. The circumstances acknowledged by the lower court’s reasonable determination of the Defendant’s assertion of mistake of facts and the evidence duly adopted and examined by the lower court, namely, ① the victim and B at the time of the instant case continues to drink with this title, and there are circumstances that make it difficult for the victim and B to confirm or memory the exact date and time at the time of the instant case, making it difficult for them to reject their credibility on the ground that they were unable to clearly state the date and time of the instant case. ② The fact that partial memory on the specific part is a natural phenomenon is lost at intervals of about one year between the investigative agency B and each of the statements at the lower court. ③ Although the date and time when the Defendant was found in his house is not clearly specified, the Defendant’s assertion that there was an indecent act in light of the fact that “the Defendant committed an indecent act in his house, and thereby driving the Defendant inside the convenience store before the next day,” the Defendant’s assertion that there was an indecent act in accordance with the facts described in the facts charged cannot be clearly acknowledged as the facts charged.

B. The prosecutor's assertion of unfair sentencing is without previous fault to the defendant, the defendant appears to have committed contingent crimes while in action, and the victim's agreement is reached.