A. In fact, the Defendant did not force the victim B (a false name) to commit an indecent act, and did not assault C.

B. When committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to drinking.

(c)

The punishment of the court below (one hundred months of imprisonment, etc.) which is unfair in sentencing is too unreasonable.

2. Determination

A. In light of the content of the first instance judgment as to the assertion of mistake of facts and the evidence duly examined by the first instance court, the first instance judgment as to the credibility of the statement made by the first instance witness was clearly erroneous.

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is significantly unfair, or considering the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, 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 a statement made by a witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2010Do827, Oct. 14, 2010; 2013Do11802, Nov. 28, 2013). The Defendant asserted to the same effect as the grounds for appeal by the lower court, but the lower court rejected the Defendant’s assertion on the credibility of the statement made by the witness of the first instance court and convicted the Defendant of the facts charged, if the evidence was duly adopted and examined.

there are special circumstances to consider

Therefore, the judgment of the court below is just.

Therefore, the defendant's above assertion is without merit.

B. As to the assertion of mental disorder, the background and the means of committing the instant crime, which is acknowledged by the evidence duly adopted and examined by the lower court.