The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Since the Defendant did not commit an indecent act against the victim as stated in the facts charged, the lower court erred by misapprehending the facts.

The sentence of the lower court on unreasonable sentencing (one million won of fine) is too unreasonable.

Judgment

The following circumstances may be acknowledged according to the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts.

The victim stated in detail the defendant's speech and behavior or the situation at the time of crime, including the content that the defendant had spared the victim as stated in the facts charged of this case from the investigative agency to the court of the court below.

This content consists of not only concrete but also facts that are difficult to explain without direct experience, and there is no circumstance that the victim made a false statement or neglected damage.

Therefore, the victim's statement is reliable.

H makes a statement at an investigative agency that “I am aboard the vehicle, and I am tell the victim that I am tell the victim.” In light of the relationship with the victim or the defendant, I am credibility is recognized because there is no reason to make a false statement.

On the contrary, the defendant and I state that there is no fact that the defendant forced the victim from the investigative agency to the court of the court below.

However, it is difficult to believe the above statement in light of the following: (a) the defendant and I was close to the usual sense; (b) the I stated at the court of the original instance that he did not have witness all the days between the defendant and the victim although he did so at the court of the original instance upon the request of the defendant; and (c) contrary to the credibility recognized victim or H's statement.

Therefore, the fact-finding and judgment of the court below which found the defendant guilty is just and there is no error of law by misunderstanding the facts, and the defendant's above assertion is justified.