A. The Defendant did not commit an indecent act against the victim F by mistake or misapprehension of the legal doctrine.

2) It is also difficult to view that the Defendant violated the Punishment of Violences, etc. Act (joint injury) only properly defended the victim G by committing an attack, and did not intentionally commit an assault against the victim, and that the result of the assault was generated.

B. The punishment of the lower court is too heavy.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. (1) On the part of compulsory indecent act, when the first instance court proceeded with the witness examination procedure in the criminal trial proceeding, and then determine the credibility of the statement, the credibility of the witness examination protocol, such as whether the content of the statement itself conforms to the rationality, logical inconsistency, or empirical rule, or conforms to evidence or third party’s statement, as well as whether the content of the statement itself conforms to the witness himself/herself or it is consistent with evidence or third party’s statement, after being sworn in the presence of a judge, should be evaluated by considering all the circumstances that are difficult to record in the witness examination protocol, such as the appearance and attitude of the witness, and the penation of the statement.

On the other hand, the appellate court's determination of credibility of the statement made by the witness in the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol in principle. Thus, in determining credibility of the statement, there is an essential limitation that the appearance and attitude of the witness at the time of the statement that can be called one of the most important elements in determining credibility of the statement can not be reflected in the evaluation of credibility.

Considering the difference between the first instance court and the appellate court’s method of evaluating the credibility of the testimony of the witness of the first instance court in accordance with the spirit of the direct trial principle adopted by the Korean Criminal Procedure Act, the first instance court’s decision and the evidence duly examined in the first instance court’s judgment, the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is examined.