The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles are cited as grounds for appeal. misunderstanding of legal principles is based on the court below’s finding of facts in violation of the rules of evidence, and as a whole, the court below’s finding of facts in violation of the rules of evidence can be said to have asserted of mistake of facts.

The defendant shall not commit an indecent act against the victim, such as the entries in the facts charged.

B. The punishment of the lower court is too heavy.

2. Determination

A. As to the assertion of mistake of facts, the first instance judgment on the credibility of the statement made by the witness of the first instance trial was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance trial.

In light of the records, the first instance court does not arbitrarily 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 first instance court is different from the appellate court's judgment, unless there are special circumstances to view the first instance judgment and the second instance judgment is clearly unfair, comprehensively taking account of the results of the first instance examination and the results of the further examination of evidence conducted by the time the appellate court ends the appellate trial (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). In light of the records, the first instance judgment as to the credibility of the statement made by the witness F by the witness of the first instance court at the request of the witness F by the defendant at the first instance court is consistent with the witness F's statement from the investigation agency to the court of the lower court after the investigation agency.

In addition, considering the evidence submitted by the Defendant, the lower court’s determination on the credibility of the testimony by the victim and witness F was clearly erroneous.

Unless there are special circumstances to view the credibility of the statement, the judgment of the court below cannot be reversed without permission.

2) Therefore, this part of the Defendant’s assertion is without merit.

B. As to the unfair argument on sentencing, it has reached the point of view.