The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In determining the facts of this case, the Defendant: (a) stated in the judgment of the court below that the victim stated in the facts of this case only referred to as “a kis kis only once” to the victim at the time and place indicated in the judgment of the court below; and (b) did not have committed an indecent act by force as stated in the facts of this case, the court below convicted the Defendant as to the facts of this case by

B. The sentence of the court below's decision on the defendant's imprisonment (the "sexual assault treatment program" in the sentence of the court below's decision on the sexual assault treatment lecture for 2 years of suspension of execution and 40 hours of imprisonment seems to be a clerical error. The order of education and the order of community service for 80 hours are too unreasonable.

2. Determination

A. 1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, if there are special circumstances to deem that the first instance court’s determination on the credibility of a witness’s statement made by the first instance court was clearly erroneous, or if the first instance court’s determination on the credibility of a witness’s statement made by the first instance court is clearly unfair in full view of the results of the first instance’s examination and the results of additional examination of evidence made by the time of closing argument in the appellate court, the appellate court should respect the determination on the credibility of the witness’s statement made by the first instance court (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). 2) On the basis of the foregoing legal doctrine, the lower court asserted that the part on the witness’s statement made by the witness E in the lower court and the police’s statement made by the witness E in the police statement made by the witness E is inadmissible.