The defendant shall be innocent.

A. Defendant 1) misunderstanding of facts: (a) although there was a misunderstanding of facts that the Defendant was shaking the victim’s scam, bucks, and tam in order to see the “scam” of the instant pen, the Defendant was not guilty; (b) there is no fact that the victim’s chest, bucks, and tam were scam. The victim’s statements are different from objective facts, and there is no consistency, and there is no credibility in the instant case. There is a doubtful circumstance in the instant case, such as requesting several agreements to the Defendant under the name of E and E. Nevertheless, the lower court convicted the Defendant of the facts charged on the basis of the victim’s statement; (c) there is an error of mistake of facts; (d) the lower court’s punishment

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

2. Determination

A. A. The summary of the facts charged 1) On February 4, 2018, the Defendant discovered the victim, including the victim D (e.g., age 41) who was aware of through Internet CF meetings in the Gyeonggi-gun Bridge around 03:00 on February 4, 2018, and found that the victim was locked and was able to drink in the room. On the other hand, the Defendant committed an indecent act against the victim by force. As stated in the selective charge 2 (Quasi-Indecent Act by force), the Defendant committed an indecent act against the victim by force.

Accordingly, the Defendant was aware that the victim was locked and tried to commit an indecent act by using it, but at the time, the victim was not locked and did not have been in the state of mental disorder or failing to resist.

B. The lower court’s determination is difficult to reject the credibility of the victim’s statement on the grounds of this, even if the victim’s statement was made in a specific and consistent manner and in some detail.