The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. As to Defendant (1) committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes on July 6, 2018 and the end of the same month, the lower court found Defendant guilty of this part of the facts charged on the sole basis of the victim’s statement that could not be recognized credibility in light of the circumstances of the report, etc., even though the victim’s chest and negative father were not true, on the grounds of the fact that the victim’s chest and negative father were not true.

(2) The sentence imposed by the lower court (two years and six months of imprisonment, three years of suspended execution, etc.) is too unreasonable.

B. The prosecutor (1) rejected the credibility of the victim's statement on the ground that the victim made a consistent and consistent statement on the damaged facts three times at the investigative agency or on this part, but failed to do so, and the judgment of the court below which acquitted the victim of this part of the facts charged is erroneous in the misapprehension of legal principles.

(2) The sentence imposed by the court below on unreasonable sentencing is too uneasible and unfair.

2. Determination

A. The lower court also asserted that the Defendant’s assertion of mistake of facts is identical to the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion in its judgment and its decision.

Examining the judgment of the court below closely by comparing it with documentary evidence, the defendant's friendly son victim around July 6, 2018 and the same year.

7. The fact that an indecent act has been committed on two occasions by force may be sufficiently recognized, such as turning on the chest and fry of the horses; and

Therefore, the judgment of the court below to the same purport is just, and contrary to the defendant's assertion, there is no error affecting the judgment.

This part of the defendant's assertion is without merit.

B. Determination of the Prosecutor’s assertion of mistake of facts (1) The Defendant’s summary of this part of the facts charged is the Defendant under the E-mail of Seoul Jung-gu around 00:00 at the end of August 2013.