2. Determination

A. In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court below held that the witness’s statement conforms to the reasonableness, logic, and morality of the contents of the statement itself or the rule of experience, or conforms to the witness evidence or a third party’s statement before a judge, as well as the appearance and attitude of the witness who is entering the witness’s statement in an open court after taking an oath before a judge, and the witness examination protocol, such as a separation of the statement, are considered to have been obtained by directly observing various circumstances that make it difficult to record, and that the witness’s statement, including the victim, etc., conforms to the facts charged, shall not be dismissed without permission unless the witness’s statement conforms to the facts charged objectively and objectively (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In light of the first instance court’s reasoning and evidence examination method adopted by the appellate court based on the principle of trial-oriented trial, the court of first instance’s determination of credibility and credibility is clearly different from the evidence examination method and evidence examination.