The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The Defendant did not catch the victim’s breath or breathly breath, and even when the Defendant breathed the victim to breath the breath from the victim, the Defendant exercised the force against the victim.

Even if there is no causal relationship with the defendant's act, and the degree of natural therapy is minor.

Judgment

In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall assess the credibility of the statements made by the victim, etc., taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance and attitude of the witness who is taking an oath before a judge, and the penology of the witness who is going to make a statement in the open court after being sworn. Where the statements made by the witness, including the victim, are generally consistent and consistent with the facts charged, it shall not be rejected without any separate reliable evidence that can be objectively deemed to lack credibility (see, e.g., Supreme Court Decision 2010Do7403, Sept. 9, 2010). Furthermore, considering the following circumstances, the defendant’s act of taking into account the witness examination, such as the victim’s appearance and attitude, and the penology of the statements made by the witness at the open court after being swornly taken an oath before the judge, and the defendant’s act of taking into account the following circumstances, such as the victim’s health and kney evidence.