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 on the ground that the defendant did not commit an indecent act against the victim, by taking the victim's statement without credibility due to lack of consistency.

B. The sentence imposed by the court below on the defendant (two years of imprisonment with prison labor, two years of probation, order to attend a lecture, and order to provide community service) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts, the defendant can be found to have committed an indecent act against the victim, such as the facts charged, so the defendant's assertion of mistake of facts is without merit

① The victim made a concrete statement from the investigative agency to the court of the court below that “the Defendant was forced to buckbucks by inspecting the details of the damage.”

② With respect to the frequency of indecent act by the victim, the investigative agency stated that “3-4 and 2 times were met in the first and second phases,” but in the court of the original instance, the victim made a somewhat different statement that “the number of indecent acts in the course of repeated indecent act by the victim is more than five times,” but it is difficult for the victim to accurately criticize the frequency of indecent act during the period of repeated indecent act. Rather, it is general to memory mainly based on the intensity of indecent act or the sense at the time of indecent act, etc., and considering that the day which the victim testified in the court of the original instance was about nine months or more from the date of the instant case, the above change in the victim’s statement does not constitute a ground for rejecting the credibility.

③ 피해자는 추행 직후의 상황에 관하여, 수사기관에서는 “회식 분위기를 깰까봐 소리를 내지 못하고 피고인의 손을 밀어 만지지 못하게 하였다”고 진술하였다가, 원심 법정에서는...