The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant commits an indecent act against the victim as described in the facts charged.

2. Determination

A. The lower court determined as follows based on the evidence in its holding, i.e., (i) the victim consistently stated from the investigative agency to the court of the lower court that he was forced to commit indecent act by compulsion, such as the entry in the facts charged; (ii) the content of the statement is specific and very natural; (iii) the victim’s credibility is difficult to find out reasons to gather the Defendant; and (iv) E, F, etc. at the present site of this case are making statements consistent with the victim’s statement; and (v) the Defendant is guilty of the facts charged in this case.

B. In addition to the grounds of conviction of the lower court, the following circumstances acknowledged by evidence duly admitted and investigated by the lower court and the first instance court, namely, ① it is difficult to recognize that the victim is gathering the Defendant, in view of the fact that the victim stated that the Defendant would not want criminal punishment if the victim would reflect the Defendant at the time of the investigation by the police and would not have re-offendered, and ② the Defendant has only passed before the victim and the victim are seated at the time of the instant case. As such, other persons than the Defendant and the victim were on the job.

In full view of the fact that there is no evidence to acknowledge that the defendant committed an indecent act against the victim or committed an indecent act, the judgment of the court below is just, and the defendant's assertion of mistake of facts is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.