The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not commit any indecent act by force against the victim, and did not commit any indecent act by force.

Nevertheless, the lower court’s judgment that found the Defendant guilty of forced indecent act among the facts charged in the instant case is erroneous and adversely affected by the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (the amount of KRW 5 million, the amount of KRW 5 million, and the amount of KRW 40 hours after completing a sexual assault treatment program) is too unreasonable.

2. Determination

A. In light of the difference between the original court and the appellate court’s method of assessing the credibility of a witness’s statement in light of the contents of the original judgment and the evidence duly examined in the original judgment, the lower court’s judgment was clearly erroneous in determining the credibility of the witness’s statement in light of the contents of the original judgment and the evidence duly examined in the original judgment.

Unless there are extenuating circumstances to see that it is remarkably unfair to maintain the judgment of the court below on the credibility of the statement made by a witness of the court below as it is, or considering the results of the examination of evidence conducted in the court below and the results of the additional examination conducted until the closing of the appellate trial, the appellate court shall not reverse without permission the judgment of the court below on the ground that the judgment of the court below on the credibility of the statement made by the witness of the court below is different from the judgment of the appellate court (Supreme Court Decision 2006 November 24, 2006, the defendant asserted to the same effect as the grounds for appeal,

On the other hand, the defendant's argument is rejected and the facts charged are found guilty.

Examining the judgment of the court below in light of the above legal principles and closely with the records, the judgment of the court below that found the defendant guilty of this part of the facts charged is just and acceptable, and it is so decided.