The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant commits an indecent act against the victim as described in the facts charged.

2. In a case where a witness’s statement, including the victim, is mutually consistent and consistent with the facts charged, it shall not be rejected without permission, unless there exist any separate and reliable evidence to deem such credibility objectively acceptable from an objective perspective (see, e.g., Supreme Court Decision 2004Do362, Apr. 15, 2005). In determining the credibility of a witness’s statement after the first instance court conducted the witness examination procedure in the criminal trial procedure, not only is it consistent with the reasonableness, logic, appearance, or rule of experience of the contents of the statement itself, but also conforms to the witness’s appearance, attitude, and penance of the statement, etc., which is part of the witness’s statement in the open court after being sworn by a judge before and after being taken an oath, the credibility of the witness examination protocol, such as the witness’s appearance and attitude, and the penance of the statement, should also be evaluated in consideration of all the conviction evidence obtained by directly observing various circumstances that it is difficult to record.

On the other hand, the appellate court's determination of credibility of the statement made by the witness of the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol in principle, so it has the intrinsic limitation that the appearance and attitude of the witness at the time of the statement that can be considered one of the most important elements in determining credibility of the statement can not be reflected in the evaluation of credibility.

Considering such difference between the first instance court and the appellate court’s purport and spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, there are special circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, or until the date of closing argument in the appellate court.