A. The lower court found the Defendant guilty on the ground that the damaged person did not appear to have any circumstance to mislead the Defendant.

However, it was found that the victim did not make a false statement because he did not have the intention to dismiss the victim.

In the case of the victim's memory about about 1 second degree, the victim showed that the defendant was faced with his body, and that the chest or body was only stored.

as a whole, and as a whole, they do not influence almost influence.

As the victim has made a statement, there is sufficient possibility that the victim has made a statement differently from the actual facts due to the perception, confusion of memory, etc.

The defendant's statement that he did not commit an indecent act against the victim in light of the circumstances in which the defendant and the victim got drunk, was reliable, and that there was a fact that the defendant got up on the victim's body.

Even if the Defendant was in a drunken state, and thus there was an intention or purpose of indecent act.

shall not be deemed to exist.

However, the court below found the defendant guilty on the basis of the victim's abstract statement. Thus, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, the Defendant alleged that there was no indecent act against the victim at the lower court, and the lower court rejected the allegation that the victim’s statement can be trusted and criminal facts are recognized, based on the evidence duly adopted and investigated by the lower court, under the title “determination on the assertion that there was no indecent act against the victim.”

Examining the judgment of the court below in comparison with the records, the judgment of the court below is justified.

(b) alcoholic beverages;