A. The defendant is not guilty of committing an indecent act against the victim, such as misunderstanding the victim's shoulder, etc., and putting the victim's shoulder or her hand in the victim's clothes, thereby enjoying the boat for a long time in the vicinity of the sexual flag.

B. In light of the victim’s age, status, and intellectual level of misunderstanding of the legal principles, the victim was erroneous, dismissed, and the victim was at a position to find the defendant guilty of indecent act.

Even though it is difficult to see the difficulty, the lower court convicted the Defendant of the facts charged, it erred by misapprehending the legal doctrine on indecent act by deceptive means.

(c)

The punishment of the court below (one year of imprisonment, two years of suspended execution, and 40 hours of order to attend a course) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted the same purport as the grounds for appeal in this part.

The lower court on this issue: (a) the victim’s statement is specific, detailed, and consistent; (b) the victim’s motive to make a false statement was not discovered; and (c) the Defendant was unable to force the victim.

In light of the fact that the victim's statement is recognized as credibility, but it is difficult to believe the defendant's statement, in light of the fact that there was a verbal contact with the victim's part on the part of the ship, whether the victim's telephone number was known to the victim, and whether the victim's statement

After the judgment below, the defendant recognized the facts that he committed an indecent act against the victim by taking full account of the circumstances such as the victim's statement, the background leading up to the victim's report, the prosecutor's questioning about the defendant in his body part which is the object of the indecent act, and the difference between the contents of the facts charged in this case.

In addition to the following circumstances acknowledged by the evidence examined by the court below in light of the circumstances in the judgment below, the court below's above.