A. The Defendant did not commit an indecent act against the victim and did not have any physical contact with the victim.

B. The lower court’s sentencing (an amount of two million won) is too unreasonable.

2. Determination

A. Considering the difference between the first instance court and the appellate court’s method of evaluating the credibility of a witness’s statement in accordance with the spirit of substantial direct deliberation principle as to the assertion of factual mistake, the first instance judgment was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court, and the evidence duly examined in the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see Supreme Court Decision 2008Do7917, Jan. 30, 2009). The first instance court found the Defendant guilty on the grounds of the victim, E’s statement, and part of the statement made by the witness of the first instance court.

At the time of the instant case, the Defendant and the victim’s mother C, and the victim, who were in dispute between the victim and the victim, filed a report with 112 stating that the Defendant was the victim’s chest. The police officers dispatched confirmed the content of the report to the Defendant, but the Defendant was farcing only one day between the Defendant and C, and did not speak about the content of the report, and the Defendant was refused to reveal his personal information, thereby arresting the Defendant in the act of committing an offense. The victim consistently testified that corresponds to the facts charged from the investigative agency to the court of the lower court, and the victim was in

E also witnessing the defendant's behavior in accordance with the facts charged.

The statement shall be taken into account;