The defendant's appeal is dismissed.

1. Summary of grounds for appeal: Since a victim of mistake of facts fails to make consistent statements about the specific details and circumstances at the time of the case, the victim's statement is not reliable, and there is no doubt that the victim committed an indecent act against the victim in CCTV images which can objectively verify the situation at the time.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged in this case that the defendant committed an indecent act against the victim under the credibility of the victim's statement was erroneous.

2. Determination

A. The lower court also asserted the same as the grounds for appeal.

The court below found the defendant guilty based on the evidence established by the court below's determination that the defendant's testimony, including the victim, etc., should be evaluated credibility, in determining the credibility of the victim's statement supporting the facts charged, as well as whether the contents of the statement conform to the rationality, logic, morality, or rule of experience, physical evidence, or third party's statement, and whether it conforms to the witness's appearance and attitude, and the appearance of witness's statement, which is open to the public court after being sworn in the presence of a judge, are hard to be recorded in the witness examination protocol, and the witness's statement, such as the penance, is evaluated as credibility. In a case where the victim's statement, including the victim, etc., is mutually consistent and consistent with the facts charged, the court below found the defendant guilty of the facts charged as follows.

(1) A victim;