The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant was not able to know the fact that the victim was her traw at the time, and only the defendant has a negative appraisal of the statement.

The evidence to prove the facts charged of this case is limited to the victim's statement, and there are circumstances to suspect the victim's statement, and thus, the court below erred by misapprehending the legal principles as to the facts charged of this case.

2. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility according to the spirit of the principle of substantial direct deliberation, the first instance judgment was clearly erroneous in its determination as to the credibility of the statement made by the first instance court witness in light of the content of the first instance judgment and the evidence duly examined in the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings at the appellate court, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see Supreme Court Decision 2008Do7917, Jan. 30, 2009). The defendant argued to the same effect as the grounds for appeal, while the defendant is doubtful of the credibility of the statement made by the victim at the lower court.

The court below found the defendant guilty on the grounds of the circumstances in its holding after directly summoned the victim as a witness and examining the victim, and based on the credibility of the victim's statement.

The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim specifically states the damage from the investigative agency to the court below's court, and the victim who does not have any awareness with the defendant, is particularly a victim.