The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal is as follows: (a) the Defendant merely committed an indecent act on the victim’s clothes at the time and place recorded in the facts constituting the offense in the judgment below; and (b) the Defendant did not commit an indecent act on the victim under the influence of alcohol; (c) the lower court denied the content and subsequently acquitted the Defendant of the facts based on the police interrogation protocol and the victim’s statement without credibility, or convicted the Defendant of the facts charged in the instant case

2. Determination

A. 1) In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous, or in light of the results of the first instance’s examination and the results of the further examination of evidence conducted by the time the appellate court concluded that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is considerably unfair, the appellate court shall respect the determination on the credibility of the statement made by the witness of the first instance (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). Based on the foregoing legal doctrine, the lower court, based on the foregoing, conducted a direct examination of evidence by the examination of the witness of the victim E (tentative name), found the credibility of the statement made by the lower court, and sentenced the Defendant to the charges in this case, and found that the Defendant’s determination on the credibility of the statement made by the second instance court was obviously erroneous, and thus unreasonable.