A. The Defendant did not commit an indecent act against the victim as stated in the instant facts charged.

(b) The sentencing division (the first instance: Imprisonment with prison labor for eight months, the completion of a sexual assault treatment program, 40 hours, and three years restricted to employment);

2. Determination

A. 1) When considering the difference between the original court and the appellate court’s method of evaluating credibility of a witness’s statement based on the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the principle of court-oriented trial, the appellate court shall not reverse without permission the original court’s decision on the ground that it is significantly unreasonable to maintain the original court’s decision on the credibility of a witness’s statement in light of the contents of the original court’s decision and the evidence duly examined by evidence at the original court, or there are exceptional circumstances where it is deemed that the lower court’s decision on the credibility of a witness’s statement was clearly erroneous in light of the evidence examination results at the original court and the result of additional evidence examination conducted by the time of closing argument at the appellate court, the appellate court shall not consistently adopt the original court’s decision on the grounds that the lower court’s decision on the credibility of a witness’s statement at the original court was different from the appellate court’s decision (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).