A. The Defendant, as indicated in the lower judgment, did not assault the victim as to the period of the crime No. 1 (hereinafter “the denial part”) as indicated in the lower judgment, or did not defame the victim by openly pointing out false facts as to the period of the above crime No. 2 (hereinafter “the denial part”) as in the foregoing crime No. 2 (hereinafter “the denial part”).

Nevertheless, the judgment of the court below which found all of the denying parts 1 and 2 guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. In full view of the following circumstances as to the part 1 denied by the lower court and the first instance court’s duly adopted and examined, the lower court’s judgment that found the Defendant guilty of the part 1 denied by misapprehending the facts, is justifiable, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts.

Therefore, we cannot accept the Defendant’s assertion of mistake as to the first denial part.

① In light of the following: (a) the victim made a relatively concrete and consistent statement from the investigative agency to the lower court’s court to the effect that “the Defendant found in the C Apartment Management Office around 12:10 on May 16, 2012, and expressed the victim’s chest and face several times in his/her hands while taking the victim’s bath,” and (b) the CCTV images related to the first denied part of the trial record and the f0-61 page of the aforementioned images are confirmed (Evidence 33-36, 116 pages of the evidence record), etc., the victim’s above statement by the victim is credibility.

I see that it is.

② M appears as a witness in the court of the first instance, and “M goes to the C Apartment Management Office with the Defendant around 12:10 on May 16, 2012.

Although the defendant and the victim have discussed each other in the same place, the fact that the defendant assaults the victim is that.