The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act by force against the victim.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the lower court (4 million won, 400,000 won, and 40 hours’ order to complete the course) is too unreasonable.

2. Determination

A. (1) Determination of the assertion of mistake of facts is clearly erroneous in the first instance judgment as to the credibility of the statement made by the first instance trial witness in light of the spirit of substantial direct psychological principle adopted by the Korean Criminal Procedure Act.

Unless there are extenuating circumstances to view that maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance court is significantly unfair, or considering the results of the first instance examination and the results of additional examination conducted until the closing of oral pleadings, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance trial (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). One witness’s statement made in the first instance court is consistent in the main part, and it is not always denied the credibility of the statement without permission (see Supreme Court Decision 2007Do10728, Mar. 14, 2008; 2007Do10728, Mar. 14, 2008), and (ii) the following circumstances acknowledged by the evidence duly adopted by the lower court to the extent that the victim did not have any consistency in the statement made by the witness of the first instance court.