The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Although it is difficult to believe the victim's statements that correspond to the facts charged in this case of mistake in light of consistency, background of the complaint, behavior of the victim after the crime, and inconsistency with the statements of the witness, the court below which convicted the defendant on the basis of only the victim's statements is erroneous.

Even if the defendant had contacted with the victim's body as stated in the facts of the crime in the judgment of the court below, he did not have the intention of indecent act merely due to the defendant's locked results, even if there was a misunderstanding.

Furthermore, the crime of indecent act by compulsion is an element of violence and threat, and there is no content that the defendant assaults or intimidates the victim in the criminal facts stated in the judgment below.

The sentence of the lower court on unreasonable sentencing (fine 3 million won) is too unreasonable.

Judgment

In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court of the determination of the mistake of facts shall evaluate the credibility of the statements made by the victim, etc., taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance and attitude of the witness, and the penance of the statements made by the witness in the open court after being sworn before and after being sworn by the judge, as well as whether the statements made by the witness, including the victim, conform to the facts charged objectively and objectively, and consistent with the facts charged (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2004Do362, Apr. 15, 2005; 2004Do3618, Jun. 21, 2012).