In addition, the victim was not in the state of mental or physical loss or impossibility of resistance at the time of the instant case.

2. Determination

A. In light of the difference between the original judgment and the appellate court’s method of evaluating the credibility of a witness’s statement in light of the contents of the original judgment and the evidence duly examined in the original judgment, the lower court’s judgment was clearly erroneous in its determination as to the credibility of a witness’s statement in light of the contents of the lower judgment and the evidence duly examined in the lower court, which was adopted as an element of the trial-oriented principle, based

Unless there are extenuating circumstances to see the credibility of a statement made by a witness of the court below or in full view of the results of the examination of evidence at the court below and the results of additional examination conducted until the closing of oral argument at the appellate court, the appellate court shall not reverse without permission the judgment of the court below on the ground that the judgment of the court below on the credibility of a statement made by a witness of the court below is different from the judgment of the appellate court (see, e.g., Supreme Court Decisions 2006Do4994, Nov. 24, 2006; 201Do5313, Jun. 14, 2012). Although the defendant asserted to the same effect as the grounds for appeal in the court below, the court below rejected the victim's statement by adopting the victim as a witness and there is credibility of such statement.

After the judgment, the defendant's assertion was rejected.

기록에 의하면 피해자는 수사기관에서 원심에 이르기까지 술에 취해 잠들어 있었는데 누군가 자신의 엉덩이 부위 등을 만지는 느낌이 들어 잠이 깼지만 무서워서 잠든 척하며 몸을 뒤척였는데도 계속 만져서 일어나 항의하였는데 피고인이 그 곳에 있었다는 취지로 진술하고 있는 바, 이러한...