A. Defendant 1) misunderstanding of facts: (a) while the Defendant had taken photographs with the victim before consultation with the victim in advance, the Defendant ceased to take photographs as the victim refused to take photographs; and (b) did not have committed an indecent act with the victim as stated in the facts charged. Nevertheless, the lower court found the Defendant guilty of the unlawful sentencing, and sentenced the Defendant guilty. (b) The lower court’s sentence against the Defendant of the unfair sentencing (two months of imprisonment and forty hours of order to take sexual assault treatment programs) is too unreasonable.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination

A. From the perspective of the trial-oriented principle on the Defendant’s assertion of mistake of facts, when comprehensively considering the results of the first instance court’s examination and the results of the further examination of evidence conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s decision on the credibility of the statement made by the witness in the first instance unless there are exceptional cases deemed significantly unfair to maintain the first instance court’s decision on the credibility of the statement made by the witness in the first instance (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). The Defendant argued to the same effect as the grounds for appeal in the lower court, and the lower court rejected the Defendant’s assertion in detail, and found the Defendant guilty of this part of the facts charged.

Examining the above judgment of the court below in light of the above legal principles, closely and after comparing the evidence legitimately adopted and examined by the court below, the court below's findings of fact and determination that the defendant recognized credibility in the victim's statement and committed an indecent act such as the facts stated in the judgment of the court below are justified.