The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding or misunderstanding of legal principles and unreasonable sentencing) did not inflict an injury on the victim.

In addition, the punishment sentenced by the court below (one year of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s decision on the credibility of a statement made by a witness of the first instance court is significantly unreasonable considering the results of the first instance court’s examination and the results of additional evidence examination 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 grounds that the first instance court’s decision on the credibility of a statement made by a witness of the first instance is different from the appellate court’s decision (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The Defendant asserted that the victim was a witness of the crime of this case after examining the victim of this case.

There is no special circumstance to deem that the lower court erred in its determination as to the credibility of the victim’s statement, and in full view of the results of the examination of evidence by the lower court, it does not seem that maintaining the lower court’s

The defendant's mistake of facts.