A. Defendant 1) Defendant 1 did not forcibly commit an indecent act against the victim C (hereinafter “victim”) as stated in the facts charged.

Nevertheless, the court below found the defendant guilty of the facts charged of this case, and the judgment of the court below erred by misunderstanding facts and affecting the conclusion of the judgment

2) The sentence of the lower court’s unfair sentencing (the sentence of imprisonment for eight months, suspension of execution for two years, community service, and lecture for sexual assault treatment for 80 hours) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. 1) In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall not reject the statements without permission, unless there exist any separate reliable data that can be objectively deemed to be not reliable in light of the facts charged, such as the victim's statement's rationality, logic, inconsistency, or in compliance with the rule of experience, physical evidence, or third party's statement, after taking an oath before a judge, considering the appearance or attitude of the witness who is entering the witness in the open court after taking an oath, and the appearance and appearance of the statement, etc. of the witness in the witness examination protocol, which is hard to record (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 209; 2008Do7917, Apr. 15, 2005; 2006Do362128, Apr. 28, 2005).

The decision was determined.

In addition to the circumstances admitted by the lower court, the lower court and the trial are legitimate.