A. There is a fact that the defendant in mistake of facts has delivered the victim's chest, but there is no fact that he has induced the victim.

Nevertheless, the judgment of the court below that convicted the defendant of all the facts charged of this case is erroneous in mistake of facts.

B. The sentence imposed by the lower court on the Defendant (two months of imprisonment, two years of suspended execution, two years of probation, and forty hours of sexual assault treatment lectures) is too unreasonable.

2. Determination

A. The following facts and circumstances acknowledged by the court below's decision on the assertion of mistake of facts and evidence duly adopted and examined by the court below and the trial court, i.e., the defendant stated that there was no fact that he raised the victim on the date and time stated in the facts charged. However, it is recognized that the defendant sent the victim's breast at the above date and time. ② The victim made a statement to the police that "the defendant did not leave the victim at the time of the occurrence of the instant case due to his own son and son, so that he could not leave the victim at the left hand" as to the situation at the time of the occurrence of the instant case. ③ The victim's above statement is considerably detailed, and it is difficult to find the victim's credibility with the statement prepared by the police station immediately after the crime, and there is no reason for the victim to make a false statement. ④ Even under the facts charged of the instant case, the defendant's raising the victim's chest to the victim's chest was prevented, and thus, the defendant could not have the victim's breast at the time of this case.