The facts charged shall be stated clearly by specifying the date, time, place, and method of a crime.

(Article 254(4) of the Criminal Procedure Act. The date and time of a crime here should be stated to the extent that it does not conflict with double prosecution or prescription, and the purport of the law requiring the specification of facts charged by such elements is to facilitate the exercise of the defendant’s right to defense. As such, the facts charged are sufficient to include these elements to the extent that it can be distinguishable from other facts.

Therefore, even if the date, place, etc. of a crime are not specified in the indictment, it does not go against the above degree, and it is inevitable to generalize it in light of the nature of the crime charged, and if it seems that there is no hindrance to the defendant's exercise of his/her right to defense, the contents of the indictment cannot be deemed as not specified.

(1) The Majority Opinion argues that the Majority Opinion’s conclusion that the Majority Opinion did not err by misapprehending the legal principles on the presumption of facts is justifiable, and that the Majority Opinion did not err by misapprehending the legal principles on the presumption of facts (see, e.g., Supreme Court Decision 2002Do2939, Oct. 11, 2002).

(Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court determined that the instant facts charged were specified, and that the Defendant committed an indecent act against the victim due to the credibility of the victim’s statement, and rejected the allegation in the grounds of appeal.

The ground of appeal disputing the above fact-finding by the lower court on the ground of insufficient credibility of the victim’s statement is merely an error of the lower court’s determination of evidence selection and probative value, which belong to the free judgment of the fact-finding court.

In addition, the reasoning of the judgment below is examined in light of the above legal principles and evidence duly admitted.