The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. The court below found the defendant guilty on the basis of the above, although the victim's statement was not reliable, there is an error of misunderstanding of facts.

2. Prior to the judgment on the grounds for appeal ex officio due to the change in indictment, the prosecutor applied for changes in the name of the defendant to “special confinement” among the crimes committed by the defendant, and the prosecutor of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014) stated “the Punishment of Violences, etc. Act” in the applicable provisions of the Act as “the Punishment of Violences, etc. Act” in the application for changes of indictment. However, it is obvious that it is a clerical error of “former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014).” Articles 3(1) and 2(1)2 of the former Punishment of Violences, etc. Act and Article 276(1) of the Criminal Act as “Article 278 and Article 276(1) of the Criminal Act”, and the judgment below is no longer subject to the said permission by this court.

However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, so it will be examined.

3. Judgment on the assertion of mistake of facts

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statements by 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 going to make a statement in the open court after being sworn before a judge, the appearance and appearance of the witness, and the penance of the statement, which are hard to record in the witness examination protocol, after being sworn in the presence of a judge.