Defendant

The Defendant did not commit an indecent act against the victim as stated in the facts charged in the instant case.

In light of the fact that it is impossible for the defendant to perform the above act against the victim in a situation where all the members of the deaf-gu are gathered, and that most of the members of the deaf-gu are unable to memory the above situation in addition to the victim and their relatives D, the statements made by the victim and D cannot be believed.

Rather, in light of the developments leading up to the instant complaint, there is sufficient motive for the victim to identify the Defendant.

Nevertheless, the judgment of the court below which found the defendant guilty on the sole basis of the victim's statement and D is erroneous in misconception of facts and misapprehension of legal principles.

The punishment sentenced by the court below of unfair sentencing (fine 10 million won, etc.) is too unreasonable.

It is unfair that the court below's improper decision ordering the defendant to restrict employment in child-related institutions, etc. and welfare facilities for the disabled for three years.

The punishment sentenced by the court below is too uneasible and unfair.

Judgment

The summary of the judgment of the court below on the defendant's assertion of mistake of facts and misapprehension of legal principles has also asserted the same purport as the grounds for appeal of this case.

Therefore, the lower court found the Defendant guilty of the instant facts charged on the ground that, in full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated, the Defendant could be found to have committed an indecent act against a child or juvenile by force.

(1) A victim's statement is natural in flow, and there is no especially unreasonable part or inconsistency in the statement itself with the contents of the statement.

The victim made a concrete and consistent statement about the situation at the time of the crime through an investigative agency to the court of the court below.

In addition, at the time of examination of witness conducted by the court of original instance.