The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is that the victim made a consistent and specific statement from the investigative agency to the court that “the defendant was sent to the defendant’s sexual intercourse by setting up his pursuant to the lock and setting up his lock,” and the witness F also made a statement to the effect that it conforms to this, and there is no special circumstance that the victim would mislead the defendant.

Nevertheless, the court below found the victim and witness F not guilty of the facts charged of this case on the ground that it is difficult to believe the statements of the victim and witness F as they are.

2. Determination

A. The lower court stated that ① the victim stated to the effect that “the victim was her sexual organ at the time when she was sentenced to punishment, and her fingers the Defendant’s hand,” but the CCTV images in the bus were repeated and does not specify accurate time. ② The victim classified the CCTV images as at the time of committing the crime, but the victim’s she did not confirm whether the victim was her fingers or her fingers about the victim’s hand, and ③ the victim stated that “the victim stated that her sexual organ was only the Defendant was her sexual organ,” but the victim stated to the effect that “the victim was her sexual organ, and her fingers around 18:46:44, the victim appears to be front of the given crime; ④ the victim, who was a witness, appears to have been her sexual organ by her hand, and the victim did not appear to have been her fingerd at the time of committing the crime.”