A. Although the Defendant did not commit an indecent act against the victim E, as stated in the facts constituting the crime in the lower judgment, the lower court convicted the Defendant of this case by misunderstanding the facts.

B. The sentence imposed by the lower court on the Defendant (two years of suspended execution for six months of imprisonment, forty hours of sexual assault treatment lectures, and eight hours of community service orders) is too uneased and unreasonable.

2. Determination

A. 1) In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, the first instance court's determination on the credibility of the statement made by a witness of the first instance court is clearly erroneous, or in light of the results of the first instance court's examination and the results of additional evidence examination conducted by the time the arguments are concluded, unless there are exceptional cases where maintaining the first instance court's determination on the credibility of the statement made by a witness of the first instance court is deemed considerably unfair, the appellate court shall respect the determination on the credibility of the statement made by the witness of the first instance (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). 2) On the basis of the above legal principles, the lower court has duly adopted and examined the evidence examined by the lower court. The lower court acknowledged the credibility of the statement made by the witness of the first instance court through the examination of the victim E, and determined the Defendant guilty as to the facts charged in this case.