The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not constitute an indecent act by compulsion, such as the instant facts charged.

Nevertheless, the court below found the defendant guilty, and there is an error of misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (two years of imprisonment for a term of six months suspension, 40 hours of lecture for sexual assault treatment, and 120 hours of community service order) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. Considering the fact that the method of evaluating the credibility of a statement made by a witness of the first instance trial is an essential difference between the first instance court and the appellate court, and the purport of the substantial direct examination principle adopted by the Korean Criminal Procedure Act, the appellate court shall not reverse without permission the first instance court’s judgment on the grounds that the first instance court’s determination on the credibility of a statement made by a witness of the first instance trial is clearly erroneous in light of the content of the first instance judgment and the evidence duly examined by the first instance court, or, in exceptional cases where it is deemed that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance is remarkably unreasonable in full view of the results of the first instance’s examination and the results of additional examination of evidence conducted by the time of closing argument in the appellate court, the appellate court shall not reverse the first instance judgment on the grounds that the first instance judgment on the credibility of a statement made by the witness of the first instance trial is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2017Do21537, Mar. 29, 2018).

The court below directly observed the figures and attitudes of the witnesses who take part in the statement while proceeding with the witness examination procedure, and the statements of the victims and witnesses are consistent, reasonable, and inconsistent with other evidence in major parts.