A. Although the Defendant did not have committed any act as stated in the facts charged in the instant case, the lower court found the Defendant guilty in excess of the bounds of free evaluation of evidence, the lower court erred by misapprehending the legal doctrine or misunderstanding of facts.

B. The lower court’s punishment (for 4 months of imprisonment, 1 year of suspended sentence, and 40 hours of sexual assault treatment lectures) is too unreasonable.

2. Determination

가. 사실 오인 내지 법리 오해의 점 원심이 적법하게 채택, 조사한 증거들 중 특히 피해자 E의 수사기관 및 법정에서의 진술에 의하면 ‘ 피고인의 검지와 중지가 피해자의 입안으로 들어왔고 손톱이 입 천장에 닿는 느낌이 들었으며, 짠맛이 느껴졌었다.

After the fingers entered the speed of the fingers, they made efforts to the fingers and moved to the fingers within the extent of one hand.

혓바닥에 닿아서 구역질이 나서 클럽 밖을 나가서 계속 침을 뱉었 다.’ 는 것이다.

This is very detailed that it is difficult to find out if not directly experienced, and was at the present site.

F Even based on the F’s legal testimony, the Defendant stated in the victim’s side that “I am son, I am son, but I am son.”

“Inasmuch as “the victim talks with a common sense,” there are no other circumstances to suspect the credibility of the victim’s statement, consistent with the circumstances at the time the victim stated.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case based on the victim's statement and F, is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles. Thus, this part of the defendant's assertion is not accepted.

B. The fact that sentencing is unfair is that the Defendant is the primary offender, and there is no favorable circumstance.

However, the defendant did not recognize his mistake until the trial of the party, and argued against the victim, and is consistent with it.