A defendant shall be punished by imprisonment for nine months.

However, the above punishment shall be imposed for two years from the date of the final judgment.

A. The Defendant asserted a mistake of facts only kneeeeee-feel of the victim while taking knee-feeng with the victim, and did not make indecent acts like the written facts charged.

B. Considering the overall circumstances on the assertion of unreasonable sentencing, the lower court’s imprisonment (nine months of imprisonment) is too unreasonable.

2. Determination

A. (1) The victim’s statement is not sufficient to prove the credibility of the victim’s statement as direct evidence to find the Defendant guilty of the instant facts charged.

There are some unclear parts in the victim's statement, such as whether the victim made a promise to meet with theO in advance and whether there was a room at the time.

However, in addition to the circumstances that the court below acknowledged that the victim's statement was reliable, the victim's statement was reliable. ① The victim stated that the victim's cell phone number (P) and the actual cell phone number (P) stated on the day of the instant case are only one place, and the defendant stated that the victim attempted to have telephone conversations with the victim, such as the victim's statement, but the connection was not well known. The victim's statement that the victim went to the Defendant's laundry to have telephone conversations with the friendship with the victim seems to be reliable. ② The victim stated that "I am about whether or not the defendant was unnecessary to pay money at the time," and that "I am about the defendant's behavior at the time of the examination of the witness's behavior, such as the victim's 87 pages and the trial record No. 184 cases immediately after the victim was committed by indecent act against the defendant, and that "I am sn't son at the time of the examination of the witness's behavior."