A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

A. There is no fact that the Defendant committed an indecent act against the victim D, and there is no fact that D or C was false due to false facts.

B. The lower court’s sentencing (one year of imprisonment, 40 hours of sexual assault treatment program, 7 years of disclosure and notification order) is too unreasonable.

2. Determination

A. 1) In full view of the following circumstances, the judgment of the court below on the assertion of mistake of facts can be found guilty of the facts charged. A) The victim's statement is acknowledged as credibility in that it is difficult to find out the grounds to make a false statement that the victim was forced to make a indecent act by force from the Defendant, his father, at the risk of sense of shame, as well as the important parts of the case such as the circumstance where the victim was found, the part of the indecent act (in the case where the victim was involved in the victim's chest and kis, the victim was under contact with the victim's chest, and the defendant was under contact with the victim's kis) and the place where the indecent act was committed.

B. In full view of the following circumstances, the Defendant’s statement is difficult to believe as it is.

① In the lower court’s trial, C, the mother of the victim, was in a fluoral spirit by showing abnormal behavior, such as a monarche, after having come to the Defendant’s house, and at night, she was in a fluoral spirit and a fluoralism.

The victim said that "I will see Durma with I am, I will see I am," but the defendant changed his attitude from the time when I am in the defendant's house to the end that I am together with the defendant. I see why I am together with I am.

Therefore, it is true that the victim was forced by indecent act by asking the reason for the victim.