The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In light of the contents of the first complaint against the defendant by the victim of mistake of facts, and the specific circumstances at the time of the case and after the date of the case, etc., the victim's statement made by the defendant was difficult to believe it as it is, however, the court below rendered a judgment of conviction as to the crime of indecent act by force by the defendant by directly using only the victim's statement as evidence.

B. Even if based on the facts charged in the instant case, the court below erred by misapprehending the legal principles, since there was no assault or intimidation to the extent that the defendant makes it difficult to resist the victim.

C. The sentence of the judgment of the court below on unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. A. According to the evidence duly adopted and examined by the court below, ① the victim stated that he was forced to commit an indecent act by force from the defendant, as shown in the facts charged in this case, consistently from the investigative agency to the court of the court below. ② The victim sent text messages to the pro-Japanese F, following the crime in this case, that he was forced to commit indecent act by force by using a cell phone, and ③ as the victim did not have any means to drink, as the victim did not do so after the crime in this case, the victim sent text messages to the defendant, including “I do not know that he was fright to frighten off,” “I do not fright to fright off,” “I fright to fright to frighten,” “I fright to fright to fright to fright to frighten,” and “I fright to fright to fright to fright at the victim’s behavior before and after the crime in this case.