The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty on the ground that the defendant did not have credibility despite the fact that he testified against memory, or that there was an error of misunderstanding the facts.

B. The lower court’s sentence of unreasonable sentencing (fine 3,00,000) is too unreasonable.

2. Determination

A. 1) In light of the content of the judgment of the court of first instance and the evidence examined by the court of first instance, if there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or if the first instance court’s determination on the credibility of the statement made by a witness of the court of first instance and the additional examination of evidence not later than the time of closing the argument in the appellate trial are acknowledged to be significantly unfair, the appellate court should not reverse the first instance judgment solely on the ground that the first instance judgment on the credibility of the statement made by the witness of the court of first instance is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2018Do17748, Jul. 24, 2019). 2), the Defendant denied the above evidence by impeachmenting D, F and G, but the lower court acknowledged the credibility of the statement made by a witness of the court of first instance through examination of witness of D, F and G, and found the guilty facts of indecent act by force.

According to the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, there seems to be no special circumstance to deem that the lower court erred in its determination as to the credibility of its statement.

A) On July 14, 2009, D purchased a bus boarding ticket from 22:05 to Busan High-speed Bus Terminal from 22:05 to 21:42 on July 14, 2009. The Defendant purchased a bus boarding ticket from Seoul Western District Court 2017No1319 B (hereinafter “the instant case subject to perjury”).