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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by defense counsel;
A. Fact-misunderstanding Defendant did not have committed any indecent act by force by deceiving the victim E’s her butt on the crosswalk, and under the influence of alcohol Defendant did not her body in the process of waiting for a crosswalk in order to cut off the crosswalk, and he/she can see part of his/her body or her shoulder by a mentor door in the victim E’s body, and there is a possibility that the brea victim E, under the influence of alcohol, could have intentionally contacted the Defendant’s body.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of forced indecent conduct among the facts charged in the instant case based on the statement of the victim E without credibility.
B. The judgment of the court below that sentenced the defendant to a fine of 5,000,000 won and the order to complete a sexual assault treatment program for 40 hours is too unreasonable.
2. Determination
A. In light of the difference between the original court and the appellate court’s method of assessing the credibility of a witness’s statement based on the spirit of substantial direct deliberation adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the lower court’s determination was clearly erroneous in light of the content of the lower court’s judgment and the evidence duly examined by the lower court.
Unless there exist extenuating circumstances to see the lower court’s determination as to the credibility of a statement made by a witness of the lower court is clearly unfair, or in full view of the results of the examination of evidence and the results of additional examination conducted until the closing of oral pleadings, the appellate court shall not reverse without permission the lower court’s determination as to the credibility of a statement made by a witness of the lower court solely on the ground that the lower court’s determination as to the credibility of a statement made by the witness of the lower court differs from the appellate court’s determination (Supreme Court Decisions 2011Do5313, Jun. 14, 2012; 2008Do449, Jul. 29, 2010).