The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defense counsel;

A. In determining the facts, there is no fact that the Defendant committed an indecent act by deceiving the victim’s right bucks that he was seated on the side of the car page, bucking and rhing the shoulder and the upper part of the arms in his hand, and avoiding this, waiting out of the cab.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of the facts charged based on the statement of the victim without credibility.

B. In light of the fact that the degree of an indecent act on the grounds of unfair sentencing is relatively not more severe, and that the defendant supported his family and has no record of being punished for the same kind of crime, the sentence of the court below that sentenced the order to participate in the sexual assault treatment program for a fine of 5 million won and 40 hours is too unreasonable.

2. Determination

A. In light of the difference between the original court and the appellate court’s method of evaluating the credibility of the statement made by the witness in light of the contents of the original judgment and the evidence duly examined by the original court, or there are exceptional circumstances where it is deemed that maintaining the original court’s decision as to the credibility of the statement made by the witness in the original court is considerably unfair considering the results of the examination of evidence 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 lower court’s decision on the ground that the lower court’s decision on the credibility of the statement made by the witness in the original court is different from the appellate court’s decision, on June 14, 2012; Supreme Court Decisions 201Do5313, Jul. 29, 2010; 2008Do4449, Nov. 24, 2006>