A. The Defendant did not commit an indecent act against the victim.

The direct evidence proving the facts constituting an indecent act in the holding of the court below is the victim's statement. The victim reversed the statement about the uniforms which he suffered at the time and the place of the indecent act, and thereby found the credibility of the statement and found the defendant guilty of each part of the facts constituting an indecent act. The court below erred by misapprehending the legal principles.

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

2. Judgment on the assertion of mistake of facts

A. The lower court found the Defendant guilty of each indecent act committed in the lower judgment on the ground that, in light of the facts and circumstances acknowledged by the lower court’s duly admitted and investigated evidence, the victim’s statement is deemed to have been credibility to the extent that it excludes reasonable doubts.

B. Comprehensively taking account of the circumstances indicated in the judgment of the court below and the following circumstances acknowledged by the court below and the evidence duly adopted and examined by this court, the defendant can sufficiently recognize the facts that the defendant committed an indecent act against the victim as stated in the facts charged in this case.

Therefore, the judgment of the court below is justified.

1) The victim made a very specific and consistent statement from the investigative agency to the court below on the process or background leading up to the Defendant’s indecent act twice, the method of indecent act by the Defendant, and the part on the prosecution.

In the first police investigation conducted on April 27, 2017, the victim specifically stated the date and time of the occurrence of the case, and the detailed curriculum that had been conducted before the indecent act.

At the time of the case, the victim does not seem to be a point of view to confuse the circumstances and reality with the students in the first year of middle school, but seems to be stated based on his/her experience.

otherwise, the injured person assumes the fact of damage; or