The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The judgment of the court below which acquitted the defendant on the ground of the opinion of the professional examiner that the defendant's and the victim's attitude is not unreasonable on the part of the perpetrator and the victim's attitude, although recognizing the credibility of the victim's statement in the summary of the grounds for appeal, and that the indecent act against the victim in the victim's husband's husband is an exceptional case.

2. Determination

A. On the grounds indicated in its reasoning, the lower court determined that the victim’s statement alone lacks evidence to acknowledge the instant facts charged.

B. In full view of the following circumstances acknowledged by the court below's judgment and the evidence duly admitted and investigated by the court below, the defendant can be found to have committed an indecent act against the victim, and the judgment of the court below which acquitted the victim of the facts charged in this case is erroneous in the misapprehension of facts.

① The victim’s statement is consistent and concrete in its important part from the time of reporting to the investigation agency, the original court, and the court of first instance, and there is no motive that the victim would mislead the Defendant.

Although the Defendant asserts that the core part of the victim’s statement is changed, the core point of the statement is that the specific expression has changed from little little, without changing the core point of the statement, and considering that the victim was in an imminent situation where the victim feel fear of the defendant’s behavior and at the same time the victim tried to escape, it cannot be deemed that the part of the change has an impact on the credibility of the statement.

② In addition, according to the recording file at the time of the victim’s police report, the victim’s “a man who has come to commit rape” means “a man who has come to know about” a police officer, and the Defendant’s door outside the door referred to as “a man, fals, fals, and fals, who come to know about, but continues to open the door.”

This is.