A. The Defendant of mistake of facts is merely a fact that the victim made a call letter to the victim and divided a conversation, and there is no indecent act by deceiving the victim’s sound book like the facts charged.

There is no person who has observed that the defendant meets with the victim.

The victim has a possibility of making an erroneous statement in the mind that he/she intends to escape from the place without concentrating the investigator's questions, and such statement is not reliable.

It is difficult to understand the empirical rule that the accused committed an indecent act against the victim in open space.

Nevertheless, the lower court erred by misapprehending the facts charged.

B. The sentence of unfair sentencing (one year of imprisonment, etc.) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court found the Defendant guilty on the following grounds: (a) based on the evidence adopted and examined, based on the following circumstances, namely, ① detailed information about the detailed contents of a crime that is difficult to make a statement without direct experience in the victim’s statement; (b) there is no motive for the victim to make a false statement; (c) each investigation agency of E (the victim’s mother), F (a) the testimony of the lower court; and the CCTV image of the instant case that the Defendant testified to see the victim’s sound mind; and (c) on the other hand, the Defendant’s statement is consistent with the victim’s statement in light of the developments and frequency; and (d) it is inconsistent with the aforementioned CCTV image; and (e) it is inconsistent with the aforementioned CCTV image; and (e) it is difficult to recognize the fact that the Defendant committed an indecent act by force, such as the facts charged.