The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The defendant does not commit an indecent act against the victim as stated in the facts constituting the crime in the original judgment.

B. The lower court’s sentence of unreasonable sentencing (the imprisonment for eight months, the suspension of execution for two years, and the order to attend sexual assault treatment lectures for forty hours) is too unreasonable.

2. Determination

A. 1) In determining the credibility of a victim’s statement in an investigative agency, it is common that the victim’s memory in accordance with the empirical rule goes beyond time. Even if the victim of a criminal act made a statement that corresponds to the facts charged at an investigative agency, it is highly probable that the victim will be present in the court and be asked by the defendant or his/her defense counsel about the authenticity of the statement that is disadvantageous to the defendant, if he/she is asked by the defendant or his/her defense counsel, it would be doubtful as to whether the defendant’s memory is true, and accordingly, if he/she is asked by the defendant or his/her defense counsel. This possibility is consistent with the main contents of the statement, in light of the empirical rule, and there is no part inconsistent or inconsistent with the statement in light of the victim’s criminal act, and as long as the motive or reason to make the victim’s statement unfavorable to the defendant is not clearly revealed, it is difficult to dismiss the credibility of the victim’s statement by lawfully adopting the aforementioned evidence without special reasons.