The defendant's appeal is dismissed.
1. Fact-finding of the gist of the grounds for appeal (the Defendant did not force the victim by force by force). 2. Unless there exist special circumstances in the judgment of this court, the appellate court should not reverse without permission the first instance court’s decision as to the credibility of the statement made by the witness of the first instance solely on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance differs from the appellate court’s judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). In light of such legal principles, the first instance judgment that the victim believed as a witness the specific statement made by the first instance court was clearly erroneous.
In the instant case where it is difficult to view that maintaining the judgment of the first instance court is considerably unfair even if the result of an additional examination of evidence was conducted by the time the arguments in the trial or by the time the arguments in the trial are concluded, the first instance court's decision which found the Defendant guilty of the instant facts charged is acceptable based on such evidence, and there is no illegality of misunderstanding of facts affecting the judgment, and thus, the Defendant's allegation
3. Accordingly, we cannot accept the Defendant’s appeal under Article 364(4) of the Criminal Procedure Act.