A. misunderstanding of facts and misunderstanding of legal principles 1) On the day of the instant case, the victim’s statement, which is the only evidence of the victim, has been reduced credibility, and the victim may have suffered injury for other reasons. 2) The victim’s statement, which is the only evidence, is likely to fall short of credibility.

Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case by citing only some of the Defendant’s statements.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court of first instance shall evaluate the credibility of the statement, taking into account all the circumstances that are difficult to record in the witness examination protocol, such as the appearance and attitude of the witness who is taking an oath before a judge, and the penology of the statement, and the penology that are hard to record in the witness examination protocol, in order to determine the credibility of the statement made by the victim, etc. (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The court of first instance shall not dismiss the witness examination without any separate reliable evidence that can be objectively deemed to have been objectively deemed to have no credibility, unless the witness’s statement, including the victim, is objectively consistent and consistent with the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012).