When determining the credibility of a statement, the credibility of the statement should not be dismissed without permission on the sole ground of the discovery of somewhat inconsistent or exaggerated points in the statement on the remaining minor matters, or of the lack of logical rationality required to the general public. As the victim, as the third degree of intellectual disability, the statement between the investigative agency and the court was somewhat inconsistent.

Even if there is credibility

The facts charged in this case are sufficiently recognized according to the consistent statement of the victim that the defendant had committed an indecent act from the defendant.

Nevertheless, the judgment of the court below which rejected the credibility of the victim's statement and acquitted the defendant is erroneous in the misapprehension of facts and legal principles.

Judgment

For the reasons indicated in its holding, the lower court: (a) it is difficult to recognize the credibility of the victim’s statement concerning the facts charged of the instant case; and (b) the evidence submitted by the prosecutor alone alone proves that the facts charged of the instant case

It is difficult to see

In light of the above, the defendant was acquitted.

In addition to the circumstances revealed by the court below, the following circumstances revealed by the records, namely, the victim or his/her cohabitant did not report or file a complaint against the defendant as an indecent act by force on the day of the instant case or around that time, and the defendant did not resist the facts that the victim committed an indecent act by force. [F] The court below appeared as a witness and reported the defendant to the police on the day of the instant case as an indecent act by force by the victim.

The statement was made by the police, but the F, unlike this, is capable of drinkingly drinking by the police.

It did not report.