The defendant's appeal is dismissed.

1. The lower court dismissed the public prosecution on the charge of assault among the facts charged in the instant case, and convicted the remainder of the charges.

Therefore, since the defendant filed an appeal on the guilty part due to mistake of facts and illegality in sentencing, the part of the judgment of the court below which dismissed the prosecution has become final and conclusive separately, and only the guilty part of the judgment of the court below has been transferred to the appellate court and belongs to the scope of the judgment of the

2. Summary of reasons for appeal;

A. The Defendant did not neglect the victim’s buckbucks.

The statements of the victim are not consistent in the investigative agency and in the court with respect to the place of the crime and the parts of the damage.

Nevertheless, the judgment of the court below which convicted the victim of an indecent act with the belief that only the victim's statement was made and that there was an error of law by mistake.

B. The sentence of the lower court (a year of imprisonment, and an order to complete a sexual assault treatment program for 40 hours) against an unfair defendant in sentencing is too unreasonable.

3. Judgment on the grounds for appeal

A. 1) In light of the difference between the first instance court and the appellate court’s method of evaluating credibility based on the spirit of substantial direct deliberation, the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court, and the evidence duly examined in the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings in the appellate court, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see Supreme Court Decision 2008Do7917, Jan. 30, 2009).