The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the defendant did not commit an indecent act against the victim, the court below found him guilty by taking the victim's statement only. The judgment below erred by misapprehending the legal principles that the defendant should be judged as the interest of the defendant when erroneous or doubtful facts are discovered.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles is consistent with the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below, namely, the victim's statement is very specific and consistent; the victim reported the fact of damage to the police immediately after the occurrence of the case; the statement of the diagnosis (Evidence No. 58 pages) complies with the victim's statement; the president of the main point of this case was not accurately heard because of music at the time; the F, the president of the main point of this case, was not able to hear the victim's speech and behavior at several times; the victim's testimony at the court below to the purport that he retired from the main point of this case was partially consistent with the victim's statement (the trial record No. 41 pages; hereinafter the trial record No. 41), and there are no other special circumstances to suspect the credibility of the victim's statement, as stated in the judgment of the court below.

I would like to say.

Therefore, the defendant's above assertion is without merit.

B. Although there are favorable circumstances, such as the Defendant’s absence of the same criminal power, and the degree of indecent act by compulsion is relatively excessive, the Defendant’s failure to take any measures for recovery of damage, even though the Defendant appears to have received a considerable mental impulse due to the instant crime, is disadvantageous circumstances, and the circumstances leading up to the instant crime and after the instant crime.