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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Inasmuch as the statements of the victim and witness D are not consistent with respect to the body part and method of a mistake of facts (indecent act by compulsion) committed by indecent act, and as such, the statements of the victim and witness D were not consistent about whether they observed damage situations, their statements cannot be trustable, and the defendant did not commit indecent act by compulsion as stated in the facts of the crime in the judgment below.
B. Judgment of the court below on unreasonable sentencing: 1.5 million won
2. Determination
A. In light of the content of the first instance judgment regarding the assertion of mistake of facts and the evidence examined by the first instance court, if there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or if the first instance court deems that maintaining the first instance judgment on the credibility of the statement made by a witness of the first instance is considerably unfair considering the results of the first instance court and the results of additional evidence examination by the time the arguments were concluded, the appellate court should not reverse the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by a witness of the first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2018Do17748, Jul. 24, 2019). Although the Defendant denied the fact that indecent act by compulsion by force, the lower court acknowledged the credibility of the statement made by a witness of the first instance court through examination of the victim and D, and found the Defendant guilty of indecent act by compulsion by taking account of other evidence.
The part where the statement of the victim and D, alleged by the defendant, is not consistent, can be different depending on the victim's perception and memory as a part closely connected and connected with buckbucks and tacks and macks and macks and macks and macks, and the chests are only face-to-faced parts.