The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of the facts charged in this case by the victim’s statement that cannot be trusted in full view of the following facts, although the Defendant did not commit an indecent act against the victim as stated in the facts charged in this case, was erroneous by misapprehending the rules of evidence and by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

1) The statements made by the victims on the date and time of the damage, the place of damage, the degree of damage, and the fact of damage from the victims and their people who have known the fact of damage are not consistent.

2) The mother, which is the place of damage indicated in the facts charged of the instant case, is not easy to prevent forced indecent act.

3) In 2014, the mother of the injured party was consulted several times with the victim’s forced indecent act damage, but did not file a complaint with the investigative agency, and the counseling teacher did not consent to visit the victim’s sexual assault victim center by accompanying the victim and did not unilaterally notify the victim of the revocation of medical treatment. In light of the aforementioned circumstances, the victimized party was forced by the Defendant to commit an indecent act.

shall not be deemed to exist.

B. In full view of the fact that the criminal defendant was not subject to criminal punishment, that the defendant was a mentally disabled person with a mental disability, and that the family members of the defendant and people around the defendant want to take the defendant’s wife, the sentence of the court below (a three years of imprisonment and 40 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. In determining the credibility of the statement made by the victim of sexual indecent act, a child, in determining the misunderstanding of facts or misapprehension of legal principles, whether the victim’s age, how much elapsed from the time of the occurrence of the case, how much the victim’s statement was made, and whether there was no room for the alteration of memory by the guardian or investigator until the statement was made.