강제추행
The defendant's appeal is dismissed.
1. In light of the difference between the method of evaluating credibility of the first instance court and the appellate court according to the spirit of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the judgment of the court of first instance shall not be deemed to have been clearly erroneous or, in light of the contents of the judgment of the court of first instance and the evidence duly examined by the court of first instance and the evidence duly conducted by the court of first instance, to maintain the first instance judgment on the credibility of the statement made by the witness of the first instance court as they are, unless there are exceptional cases where it is deemed that maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance is significantly unfair, considering the results of the examination of evidence conducted by the court of first instance and the results of additional examination of evidence made by the time of closing of arguments in the appellate court, the appellate court shall not reverse the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court differs from the judgment of the appellate court (see, e.g., Supreme Court Decision 2015Do131313).
In the instant case where it is difficult to view that maintaining the judgment of the first instance court is considerably unfair even if the result of an additional examination of evidence was conducted by the time the arguments in the trial or by the time the arguments in the trial are concluded, the first instance court's decision which found the Defendant guilty of the instant facts charged is acceptable based on such evidence, and it is difficult to see that there is an error of mistake of facts affecting the judgment, and it is difficult
3. Accordingly, we cannot accept the Defendant’s appeal under Article 364(4) of the Criminal Procedure Act.