The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, such as misunderstanding of facts, did not know about the victim's custody, such as exemption from water, or exceeded the clothes of the victim by taking advantage of the victim's state of failing to resist because the victim was locked, and did not see the victim's sexual organ with the pentle.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding of facts and misunderstanding of legal principles.

B. The lower court’s sentencing is too unreasonable.

C. It is improper that the court below ordered the defendant to complete a sexual assault treatment program for 40 hours.

2. Determination

A. 1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court shall assess the credibility of the statement, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is under oath before a judge, and the penology of the statement, and the fact that the statement made by the victim, etc. is mutually consistent and consistent with the facts charged, the court shall not reject the statement without permission, unless there is any separate reliable evidence to deem that the statement made by the victim, etc. conforms to the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In addition, where the statement was consistent with the major part of the statement, the defendant shall not readily deny the credibility of the statement, such as misunderstanding of facts, on the sole basis of the fact that the statement made by the witness, including the victim, is somewhat inconsistent with other matters, and etc. (see, e.g., Supreme Court Decision 2008Do1209.).