A. In order to work in mistake of facts, the Defendant was on board a bus such as the victim, but there is no fact that the Defendant committed an indecent act against the victim like the facts charged.

Nevertheless, the court below found the defendant guilty on the ground that only the statement of the victim without credibility was made. This is erroneous.

B. The sentence imposed by the lower court (two years of suspended sentence on six months of imprisonment) is too unreasonable.

2. Determination

A. (1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court shall not without permission dismiss the part of the statement made by the victim, etc., unless there are any additional reliable data that can be objectively deemed objectively acceptable, in light of the following: (a) whether the content of the statement itself conforms to the rationality, logic, and empirical rule; (b) whether it conforms to the evidence or third party’s statement; and (c) the appearance or attitude of the witness who is entering the witness’s statement in the open court after being sworn before a judge; and (d) whether the witness’s statement, including the victim, is able to be recorded in the witness examination protocol, by directly observing various circumstances that make it difficult to record; and (e) whether the witness’s statement, including the victim, conforms to the facts charged, conforms to the facts charged; and (e) whether there is any inconsistency in the first statement made by the victim or any other witness’s statement made in the witness examination protocol that is inconsistent or inconsistent with the empirical rule.