The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty without having committed an indecent act against the victim is erroneous in the misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment and forty hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. In light of the fact that the court below legitimately adopted and examined the assertion of mistake of facts [the defendant has expressed his/her consent to the testimony made by the victim and the police as evidence in the appellate court, but the consent of the victim and the defendant was completed after the examination of evidence is deemed to have been finished pursuant to Article 318(2) of the Criminal Procedure Act, the consent of the evidence subject to deemed evidence can be withdrawn or cancelled before the examination of evidence is completed, but the consent is not recognized after the examination of evidence is completed, and the consent of the evidence is deemed to have been made regardless of the defendant's intention, even if the defendant expresses his/her intention to withdraw or revoke the evidence deemed to have been present in the trial while denying the facts charged, it does not lose the legally authorized admissibility of evidence (see Supreme Court Decision 2010Do15977, Mar. 10, 2011). In other words, the victim and the defendant have made a very specific and consistent statement at the time of questioning the victim's s/he/she had never been satis out of the victim's identity of the investigative relationship.