A. The Defendant did not commit an indecent act against the victim.

Nevertheless, the judgment of the court below which found the defendant guilty on the basis of the statement of the victim with no credibility is erroneous in misconception of facts.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (six months of imprisonment, two years of suspended sentence, 40 hours of lectures to prevent recidivism of sexual crimes, and 80 hours of community service) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of mistake can be acknowledged by comprehensively taking account of the evidence duly adopted and investigated, i.e., the following facts and circumstances: ① the victim was present at the court of the lower court as a witness; ① the circumstances leading up to the indecent act by compulsion and the mode of such indecent act; the emotional distress after the victim sawd himself; actions corresponding thereto; and after the indecent act; and so, it is difficult to see that the statement was not directly experienced; and ② all statements made by the victim after the indecent act in this court, namely, the police statement; the statement made by the police statement; the statement made by the police statement; the legal statement made by the victim in this court; ② the victim was under the influence of alcohol due to her being married; ② the victim was able to use the victim’s memory within the elevator; ③ the victim was able to use the victim’s chest at the time of the indecent act in this court; ③ the victim was able to use the victim’s sexual structure within 304m of the victim’s chest and the victim’s chest at the time.