The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant, due to salking, unfolded the victim with mind, unfolded another female, leaving the victim with his mind, and unfolded so that the Defendant salkes the victim, and knife the knife the knife with his knife on the wind caused by the victim, the Defendant does not intentionally knife the victim’s t

B. The lower court’s sentence of unreasonable sentencing (fine 3 million won and 40 hours’ order) is too unreasonable.

2. Determination

A. In light of the principle of trial priority and the principle of direct examination as to the assertion of mistake of facts, the first instance court's determination as to the credibility of the statement made by a witness of the first instance is clearly erroneous, or there are exceptional cases where it is deemed that maintaining the first instance court's determination as to the credibility of the statement made by the witness of the first instance is considerably unfair considering the result of the first instance court's examination and the result of additional examination of evidence by the time of closing argument in the appellate court, the appellate court shall not reverse without permission the first instance court's determination on the ground that the first instance court's determination on the credibility of the statement made by the witness of the first instance is different from the appellate court's determination (see, e.g., Supreme Court Decision 2007Do2020, May 11, 2007). The lower court determined that the victim's credibility of the statement made by the first instance court after recognizing the credibility of the statement made by the witness of the first instance court, and that the victim committed an indecent act by the victim at the time of the second instance court's testimony.