The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant was not guilty of committing an indecent act against the victim, as stated in the instant facts charged.

The judgment of the court below that found the defendant guilty on the grounds of the statement of the victim and related persons with no credibility is erroneous by mistake.

B. The punishment of the lower court is too heavy.

2. Determination

A. As to the mistake of fact, the first instance judgment on the credibility of the statement made by the first instance witness was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined by the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall not reverse without permission the first instance judgment on the credibility of the statement made by the witness of the first instance court.

Examining the grounds for determining the credibility of the victim’s statement presented by the court below at the bottom of the summary of evidence in light of the legal principles as stated by the court below and the aforementioned legal principles, the court below held the witness F and E’s testimony

In the judgment of the court below, it is just to find the facts charged of this case guilty, and there is a violation of law by mistake of facts in this part.

shall not be deemed to exist.

B. There is no change in the conditions of sentencing compared to the court below with regard to the unfair sentencing, and considering all the circumstances and all other conditions of sentencing as shown in the records, the sentence imposed by the court below against the defendant appears to be determined within the scope of the court's discretion of sentencing, and is too heavy.

shall not be deemed to exist.

3. The defendant's appeal is dismissed.