2. Determination

A. On July 29, 2018, the Defendant: (a) around 00:30 on July 29, 2018, at the front of Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu, the victim C (the age of 19) retired from the Defendant from the ice of “D” underground test; and (b) caused assault by having the victim take the clothes of the victim one time and several times by hand.

B. Determination 1) The lower court found the Defendant not guilty of the facts charged in this case on the ground that it is difficult for the first instance court to have made a statement of C and E under various circumstances as indicated in its reasoning, and that the evidence submitted by the prosecutor alone alone is insufficient to deem that the Defendant assaulted the victim as stated in the facts charged. 2) In light of the content of the first instance judgment and the evidence examination conducted by the first instance court, there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous, or, in light of the evidence examination conducted by the first instance court, the first instance court’s determination on the credibility of the statement made by the witness of the first instance to maintain the first instance court’s determination on the credibility of the statement made by the witness of the first instance is remarkably unreasonable, unless there are exceptional cases where the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s determination on the credibility of the statement made by the witness of the first instance.