A. Defendant 1) misunderstanding of facts did not have committed indecent acts by force at the time and place indicated in the facts charged in the original judgment. The victim E’s statement, the most fundamental and direct evidence of the facts charged, is the victim’s suffering from intellectual disability 1 grade 1, and it is impossible or considerably difficult for the victim to communicate normally, and is included in the video recording made by the investigator by inducing the victim to suppress the victim’s statement consistent with the facts charged, and thus, it is difficult for the investigator to believe it as it is. However, the lower court erred by denying the Defendant’s reasonable assertion and materials against the credibility of the victim’s statement and thereby misunderstanding the facts on the basis of the victim’s statement, thereby finding the Defendant guilty of the facts charged. 2) The suspended sentence of imprisonment (five years and five years, etc. of imprisonment) sentenced by the lower court

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. 1) In determining the credibility of a statement by a child or a disabled person, a comprehensive review should also be conducted on the following grounds: (a) the victim’s appearance or degree of disability, whether the victim’s statement was induced and contaminated by an investigator, etc.; (b) the victim’s statement is consistent and clear; (c) the details are extensive; (d) the characteristic part concerning the perpetrator of the case; and (e) whether the statement of the damaged fact is included in a standardized case or more (see Supreme Court Decision 2006Do2520, Jul. 10, 2008). In a case where it is determined that the statement of the damaged fact is consistent with the major part of the statement, the credibility of the statement should not be denied without permission, solely on the grounds that the statement of the injured party was found to be somewhat inconsistent or exaggerated in the statement of the other minor matter, or that there was a lack of logical compatibility required by the general public, etc.