It is unfair to reject the credibility of the victim's statement solely on the ground that the statement about the frequency and method of assault is not somewhat consistent. It is reasonable to reject the victim's statement, and since the victim tried to resolve the case smoothly and the defendant made a complaint against the defect, the defendant's complaint was made late.

Nevertheless, the judgment of the court below which acquitted the defendant on the facts charged is erroneous.

2. Judgment on the prosecutor's assertion of mistake of facts [the main charge]

A. The summary of the facts charged: (a) around 10:00 on June 27, 2017, the Defendant: (b) committed assault against the victim in the female dormitory, and (c) took part in the victim’s shoulder part on several occasions, knenee, kne, and knebbbbbbbs, etc., one time to the next victim, requiring approximately two weeks of medical treatment.

B. The lower court determined that the victim’s statement that corresponds to the facts charged is difficult to believe, and the victim’s photograph and the victim’s medical certificate alone suffered bodily integrity or harm from physiological function.

Considering that it is insufficient to recognize the defendant, the defendant was acquitted.

(c)

The judgment of this court 1) Of the victim's statement, the part that corresponds to the facts charged that "the defendant made several times to the victim's shoulder" is stated as follows: ① at the time of the first investigation by the police, the victim stated that "at the time of the first investigation by the police, the victim was at least 10 times the shouldered by slicker" and other assault except the bucks price is not caused by the victim's substitute investigation."