A. The court below found the defendant guilty in the absence of a mistake of facts and misapprehension of legal principles against other witnesses in the instant field, and the defendant did not have committed an indecent act by force against the victim. The court below erred by misapprehending the legal principles as to the credibility of the victim's statement.

B. The lower court’s sentence of unreasonable sentencing (the fine of 6 million won and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. (1) Determination of the assertion of mistake of facts and misapprehension of legal principles (1) The probative value of evidence is left to the discretion of a judge; however, such determination must conform to logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial should be such that there is no reasonable doubt, but to the extent that it does not require to exclude all possible doubts, and rejection of evidence that is recognized as having probative value is beyond the bounds of the principle of free evaluation of evidence.

(A) The judgment of the court below (Supreme Court Decision 2004Do2221 Decided June 25, 2004, and Supreme Court Decision 2018Do7709 Decided October 25, 2018). (2) The defendant asserted the same purport as the grounds for appeal in the court below. However, the court below acknowledged the credibility of the statement in light of the following: (a) the victim, after examining the victim C (a) from the investigative agency to the court of the court of the court below, has consistently stated the victim’s indecent act in violation of laws, indecent act methods, conditions before and after the victim committed an indecent act; (b) appraisal of the victim; (c) the circumstances leading up to the victim’s complaint; (d) the victim’s perception of the location at the asset management industry or the circumstance leading up to the victim’s complaint; (e) the victim’s awareness of the location at the outside of the asset management industry to the victim of a sex crime and there is no obvious reason or motive for gathering