All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant alleged that the Defendant committed an indecent act against the victim, such as kisking off and buckbucks of the victim, or kisking off by hand, as in the facts charged.

Nevertheless, the judgment of the court below that found the defendant guilty on the basis of the statement of the victim with no credibility is erroneous.

B. The sentence of the lower court’s wrongful assertion of sentencing is unfair.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below and the court below as to the assertion of mistake of facts, and the following circumstances revealed through the records and arguments, the defendant's assertion of mistake of facts cannot be accepted.

After the victim committed the instant indecent act, the victim provided a consistent and specific explanation on the e-mail and the sexual assault counseling center of C University and the sexual assault counseling center of C University, investigation agency, and court of original instance as to the time he/she was subject to indecent act from the Defendant and the situation before and after the commission of the instant indecent act.

In addition, the victim made a statement at C University Sexual Violence Counseling Center that “I am out of the Defendant’s office and went out to the stairs without getting out of the elevator” (Evidence No. 37-6 of the evidence record). The content of this statement is consistent with the images of CCTV recording CD (Evidence No. 10 of the evidence list, Evidence No. 40-1 of the evidence record).

In light of the above circumstances, it is difficult to deny the credibility of the victim’s statement solely on the grounds that the victim’s statement appears to have been reliable and that there are some circumstances asserted by the Defendant’s defense counsel.

The Defendant, “after the injured person completes the weekend test, the Defendant would have to examine the interim test site to him.

Even though it was said that the promise was made in the ordinary working hours due to defective e-mail, it is demanded to continue to hold an interview on the day.