강제추행
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant did not commit an indecent act by force against the victim as stated in the facts constituting the crime in the judgment below, and the court below convicted the Defendant of the facts charged in this case by misunderstanding the victim’s statement that is not reliable.
2. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or if it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is significantly unfair, the appellate court should respect the determination on the credibility of the statement made by the witness of the first instance, unless there are exceptional circumstances where it is deemed that the first instance court’s determination on
(See Supreme Court Decision 201Do5313 Decided June 14, 2012, etc.). Based on the foregoing legal doctrine, the lower court directly finished the examination of evidence by carrying out the examination procedure of the witness of the victim C, etc. Based on the aforementioned legal doctrine, and subsequently, found the credibility thereof and convicted the Defendant of the facts charged in the instant case. The lower court’s determination of credibility on the statement made by the witness C of the lower court was clearly erroneous.
The defendant's assertion of mistake of facts is without merit, since it seems that maintaining the judgment of the court below on the credibility of the judgment is not significantly unfair.
3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.