The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. There is no fact that the defendant, by force, led the victim's arms to sit next to the victim, or seems to have taken charge of the victim's hand and buckbucks.

피고인이 피해자의 팔짱을 낀 것이 아니라 피해자가 피고인의 팔짱을 낀 것이며, 피해자를 비상구 쪽으로 데려가 끌어안은 사실도 없다.

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

2. Determination

A. 1) In light of the difference between the first instance court and the appellate court’s method of assessing the credibility of a statement made by a witness at the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, unless there exist special circumstances to deem that the first instance court clearly erred in its determination on the credibility of a statement made by a witness at the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness at the first instance court is considerably unfair, the appellate court should not reverse without permission the first instance court’s determination on the ground that the first instance court’s determination on the credibility of a statement made by a witness at the first instance court is different from the appellate court’s determination (see Supreme Court Decision 2010Do3846, Jun. 24, 2010). 2) In light of the mode and attitude of the victim’s testimony at the court below and the victim’s testimony, following the facts charged are established.

However, even after closely examining the evidence duly adopted and examined by the court below, there is no exceptional circumstance that the court below found the credibility of the victim's statement to be significantly unfair, and according to the victim's statement, the facts charged in this case are examined.