The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. The Defendant is aware of the fact in a large amount of drinking alcohol, and is sleep at a distance of one column with the victim E in the sleep or the surface of the water, and only sleeps with the victim, and there is no memory appropriate for the victim.

Nevertheless, the lower court found the Defendant guilty of the facts charged on the grounds of the statement of the victim without credibility, etc., thereby misleading the facts and adversely affecting the judgment.

B. In light of the fact that an illegal defendant in sentencing was a university student and has difficulty in economic situation, and there is no record of criminal punishment, the sentence of the court below that sentenced an order to complete a sexual assault treatment program program for a fine of 5 million won or more and 40 hours is too unreasonable.

2. Determination

A. In light of the difference between the original court and the appellate court’s method of assessing the credibility of a witness’s statement in light of the contents of the lower court’s judgment and the evidence duly examined in the lower court’s judgment, the lower court clearly erred in its determination as to the credibility of the witness’s statement in light of the substance of the lower court’s judgment and the evidence duly examined.

If there are extenuating circumstances to see that the judgment of the court below on the credibility of the statement made by the witness of the court below is significantly unfair, or in full view of the results of the examination of evidence and the results of additional examination conducted until the closing of oral proceedings, the appellate court shall not reverse without permission the judgment of the court below on the ground that the judgment of the court below on the credibility of the statement made by the witness of the court below is different from the judgment of the appellate court (see, e.g., Supreme Court Decisions 2011Do5313, Jun. 14, 2012; 2008Do449, Jul. 29, 2010; 2006Do494, Nov. 24, 2006). The defendant has no credibility in the statement made by the victim E in the court below.