The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding (involuntary indecent act)’s statement that there is no credibility in the victim E’s statement, the lower court found the Defendant guilty of this part of the charges on the grounds that there was no fact that the Defendant forced the victim to commit an indecent act on October 26, 2016. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (six months of imprisonment, two years of suspended sentence, and 40 hours of lecture for the treatment of sexual assault) is too unreasonable.

2. Determination

A. (1) In light of the content of the first instance judgment and the evidence duly examined in the first instance trial, the first instance judgment on the credibility of the statement made by the witness in the first instance was clearly erroneous in the determination on the assertion of mistake of facts.

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is significantly unfair, or in full view of the results of the first instance examination and the results of an additional examination conducted until the closing of argument in the appellate court, the appellate court may not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2007Do2020, May 11, 2007; 2009Do1409, Feb. 25, 2010).

The judgment of the court below was just, and it did not appear that there were circumstances to recognize that maintaining the first instance court's decision on the credibility of the victim's statement is considerably unfair.