A. There is no fact that the Defendant committed an indecent act against the victim.

A victim who is a disabled person in the third degree of mental disability has not made a consistent or sound statement.

The victim was diagnosed that there is symptoms such as exchange, network, and scopical accident process due to an unscopic mental disorder, and there is little similarity behavior in the past while working in the telephone room in the past.

The victim, due to the above mental division, is likely to cause the following confusions between the past experience and the present situation of this case, and there is possibility that the victim made a statement by the defendant as to the crime identical to the facts charged in this case.

The defendant was unaware of the fact that he was the victim with mental disability.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding the facts charged in the instant case.

B. The lower court’s sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. As to the grounds for appeal of mistake of facts, the lower court also asserted the same purport as the grounds for appeal. (A) In light of the relevant legal principles, it is difficult to view that there is no room for doubting the credibility of the victim’s statement, but examining various circumstances, such as the reasoning of the lower court, which can be recognized by comprehensively taking account of the evidence examined by the lower court, the lower court determined that the victim’s statement consistent with the facts charged can be deemed reliable, and the Defendant may be found to have committed an indecent act by force, such as the facts charged, if the victim’s statement is the victim’s statement

The victim was forced to get off the telecomer to the telecomer of this case without any new spit, and reported sexual assault to the police, and reported to the police.

Upon the arrival of the police, the victim talks with the police officer to the effect that “the victim was raped.”