성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act against the victim as described in this part of the facts charged.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged by the victim's statement, etc. suspected of credibility is erroneous.
B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.
2. Determination
A. 1) In light of the difference between the first instance court and the appellate court’s method of evaluating credibility, the first instance court’s determination on the credibility of the statement made by the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court.
In light of the above legal principles, the court below acknowledged the credibility of the part of the statement corresponding to this part of the facts charged by the victim, considering the victim D's attitude and appearance of the statement in the court of first instance and the penology of the evidence examination conducted by the court of first instance until the closing of the appellate trial, unless there are exceptional cases where it is deemed that it is remarkably unfair to maintain the first instance judgment on the credibility of the statement made by the witness of the court of first instance as it is, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the court of first instance differs from the appellate court's judgment (Supreme Court Decision 2010Do3846 Decided June 24, 2010).
Even after closely examining the evidence duly adopted and examined by the court below and the court below, it is not possible to find out exceptional circumstances where the judgment of the court below that recognized the credibility of the victim's statement in the court below which conforms to this part of the facts charged is considerably unfair and credibility.