A. Fact-finding (crime No. 1 of the facts stated in the judgment of the court below) The defendant alleged that he will inform the diagnosis method to be known to the relevant person.

While there is a fact that the victim's breast part was carried on by hand, it would cut off the brine.

At the same time, there is no fact that the victim's chest was stored in the clothes of the victim.

However, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous and erroneous.

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

2. Determination

A. 1) The Defendant argued to the effect that the lower court also argued to the same effect as the grounds for appeal in this part.

In full view of the following circumstances acknowledged by the evidence duly examined and adopted, the court below acknowledged the fact that the defendant, as stated in the facts constituting the crime No. 1 of the judgment below, included the victim's clothes in the victim's chest and forcedly commits an indecent act by force, by taking into account the following circumstances.

On the other hand, this part of the charges was found guilty.

① The victim made a relatively concrete and clear statement at an investigative agency about the place and time of crime, the background and content of the act of prosecution, his/her own appraisal and response, etc.

In particular, the statements made by the victim on the attitude of progress and method of law seems to be difficult to easily perform without his own direct experience, and their credibility is high in light of the rationality and objective reasonableness of the contents of the statements.

② At an investigative agency, D, the victim’s wife, had been 3 to 4 times the victim’s chest while talking about the Defendant’s chest around the time and time stated in paragraph (1) of the criminal facts stated in the judgment below.

was stated.

The defendant also has been in the investigative agency around the above time, and there was a fact that the defendant took the chest in the victim's clothes with TV testing method from TV around the above time.