가. 사실오인 피고인은 피해자 D(이하 ‘피해자’라 한다)의 성기를 빤 사실이 없고, 피해자에게 협박을 가한 사실도 없으므로 피고인은 피해자를 강제추행하지 않았다.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, etc.) is too unreasonable.

2. Determination

A. 1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court below determined the credibility of the statement based on the relevant legal principles, as well as whether the contents of the statement conform to the rationality, logic, or rule of experience, evidence evidence, or the statement made by a third party, or whether it conforms to the witness evidence or a third party’s statement before and after oath of a judge, taking into account the witness’s appearance or attitude, and the appearance and appearance of the witness who appears in the statement made in the open court, as well as the appearance of the witness who directly observe various circumstances that make it difficult to record in the witness examination protocol, i.e., the examination of evidence that the witness acquired by directly observing the circumstances difficult to record (see, e.g., Supreme Court Decision 2008Do7917, Jan. 30, 209). In addition, the court below’s determination of credibility of the witness’s statement made in the first instance trial and the evidence examination clearly different from the evidence examination by the time it conforms to the facts charged (see Supreme Court Decision 2004Do36161, supra.