The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. Although there was a fact that there was a misunderstanding of facts at the time of the ruling by the defendant, the victim did not take a bath to the victim, and did not have any physical contact.

Therefore, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous.

B. The sentence imposed by the lower court (three months of imprisonment) is too unreasonable.

2. Determination

A. misunderstanding of facts1) When considering the difference between the first instance court and the appellate court’s method of evaluation of credibility in accordance with the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the appellate court should not reverse without permission the first instance court’s determination on the credibility of the 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 clearly deemed that maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance is unreasonable considering the results of the first instance examination and the results of additional examination of evidence conducted by the time of closing argument in the appellate court, the appellate court should not reverse the first instance court’s determination on the credibility of the statement made by the witness of the first instance on the grounds that the first instance court’s determination on the credibility is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).