A. Defendant 1) Although there was no misunderstanding of facts that the Defendant 1 saw the victim by using her chest, the lower court found the Defendant guilty of the facts charged in this case, which erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) Even if not, the Defendant, as a conditional recipient, lives with the help of a self-support center as a conditional recipient. However, even if there was no history of punishment exceeding the same kind and fine, and the Defendant committed the instant crime contingently against the neighboring victim, and the circumstances that can be considered in light of the circumstances, etc., the lower court’s punishment (eight months of imprisonment, two years of suspended sentence, two years of suspension of execution, and 40 hours of sexual assault treatment course) is too unreasonable.

B. In light of the circumstance behind the crime and the circumstances after the crime, etc., the criminal defendant saw the victim, who was aware of his/her reputation as the same Ne residents, and scarcitys his/her chest with his/her finger, and her fingers with the victim. In light of the fact that in light of the circumstance of the crime and the circumstances after the crime, it is not easy that the crime was committed, and that the mental suffering and sexual humiliation of the victim who was committed the above indecent act before Ne residents were deemed to have been considerable, it is unreasonable for the court below to view that the defendant's punishment is too uneasible, such as denying the facts of the crime, while it is consistent with the defense and denying it.

2. Judgment on the defendant's assertion of mistake of facts

A. In a case where the statement of the victim 1 victim of the relevant legal doctrine is generally consistent and consistent with the facts charged, it shall not be rejected without permission unless there exist any separate and reliable data to see that it is extremely reliable from an objective perspective, and the victim’s statement is the main text

In this part, the credibility of the statement shall be credibility on the sole basis of the fact that the statement is somewhat inconsistent with the consistent and consistent in the statement concerning other minor matters.