A. There is no fact that the Defendant committed indecent act by compulsion of the victim as stated in the lower judgment.

B. The sentence of the lower court’s unreasonable sentencing (six months of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.

2. Determination

A. In light of the difference between the original court and the appellate court’s method of evaluating the credibility of the statement made by a witness in light of the contents of the original judgment and the evidence duly examined by the original court, or there are exceptional cases where it is deemed that maintaining the lower court’s judgment on the credibility of the statement made by the witness in the original court is considerably unreasonable considering the results of examination of evidence at the original court and the results of additional examination of evidence not later than the time of closing argument at the appellate court, the appellate court should not reverse without permission the lower court’s judgment on the ground that the lower court’s determination on the credibility of the statement made by the witness in the original court is different from the appellate court’s determination (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2011Do5313, Jun. 14, 2012).