For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., a minor under 1

Whether to adopt the application for examination of evidence is not necessary by the court at the discretion of the court

In determining a person, an investigation may not be conducted (see Supreme Court Decision 2010Do7947, Jan. 27, 2011, etc.). Thus, even if the lower court did not accept the Defendant’s application for witness, it cannot be deemed unlawful, and the Defendant violated the Defendant’s right of defense, etc.

shall not be deemed to exist.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.