The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding of facts, was flickly flicked by the victim’s request to flickblize the part of the victim’s upper part, but did not commit an indecent act by deceiving the victim’s flick part as stated in the instant facts charged.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The punishment sentenced by the lower court (five years of imprisonment) is too unreasonable.

2. On the Defendant’s assertion of mistake of facts

A. The summary of the facts charged in the instant case was married with the mother E of the victim C (5) around 2009, and divorced on March 2014, and thereafter, it was difficult for the Defendant to return the victim to E, such as the Defendant’s moving the victim into the Defendant’s residence at the end of one week thereafter.

At that time, the defendant had been living together with the victim on September 6, 2014, but it did not contact with E even though he had been living together with the victim on September 6, 2014.

From September 6, 2014 to October 2014, the Defendant committed an indecent act against the victim by inserting his hand in the victim’s panty in a way that the victim’s panty with TV reporting in the ward, between the Defendant’s dwelling space and the Defendant’s panty.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

B. The judgment of the court below held that the victim's statement was not reliable on the ground that the victim made a relatively consistent statement that he had sexual intercourse against his own will, and that the victim's statement was not consistent on the frequency of crime, the victim's attitude of statement was insufficient, passive, passive, lacking the body of the victim's statement on the mode of act, and distorted the statement by E, and thus, the victim's statement was not reliable on the grounds that the victim's mother's statement was distorted.