Defendant

A victim's statement of misunderstanding of facts (as to the guilty part of the original judgment) is not reliable in the following respects:

The "on-site reproduction photograph" (10 pages of evidence) is located on the right side of the male-child room, and it is natural to keep the victim's left side while the defendant only two persons in his/her location and her tack.

In this regard, the court below made the cross-examination against the victim at the court below. In this regard, the court below held that "the above photograph was stamped by the victim on the right side of the male family, but the position was modified to the left side, so the attorney's cross-examination was erroneous." However, the court below's decision to the effect that the above photograph was modified as it was just because the defense counsel presented the original copy of the evidence in the process of cross-examination and expressed that the victim was on the left side of the male family's body by presenting the original copy of the evidence in the process of cross-examination.

At the time, the male-friendly Gu of the victim assaults the defendant, and the victim was sufficiently willing to make a false statement in order to avoid this.

Even if the victim had no intent to make a false statement,

Even if there are various circumstances, it is highly possible that the victim made a statement by exaggerationing the misunderstanding or perception of the defendant's act.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by misapprehending the legal doctrine.

The sentence imposed by the court below on the defendant (the fine of 3 million won, the order to complete a sexual assault treatment program for 40 hours) is too unreasonable.

At the time of the instant case, the victim did not have the school uniform, but reported a physical movement with Titrts and reflectrs, and the male-child movement of the victim was also similar.