The defendant's appeal is dismissed.

1. The summary of the grounds for appeal did not constitute an indecent act by force by deceiving the victim’s buckbucks by hand, as stated in the facts charged in the instant case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance trial witness was clearly erroneous.

Unless there are extenuating circumstances to view that maintaining the first instance court's decision on the credibility of the statement made by the witness of the first instance court is significantly unfair, in full view of the results of the first instance court's examination and the results of the further examination of evidence conducted until the closing of oral proceedings, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance court (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). (b) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., (i) the victim’s “influencies,” at the time of the police investigation, whether the witness was drinking.

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