강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal stated that the victim E’s statements are specific and consistent, witness G and F’s statements are consistent with the victim’s statements, and H also made a statement that the Defendant committed an indecent act against the victim from the victim, Q and F, and that the facts charged in the instant case were sufficiently proven.
Nevertheless, the court below found the defendant not guilty on the ground that the statements of the victim, F, G, and H are not reliable or that the above statements alone cannot be enough enough to prove the facts charged of this case. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly unreasonable in full view of the results of the first instance examination and the results of additional evidence examination conducted until the closing of arguments in the appellate court, the appellate court should not reverse the first instance judgment on the sole ground that the first instance court’s determination on the credibility of a statement made by a witness of the first instance is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).