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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In determining the facts, the Defendant did not have committed an indecent act against the victim by forcing the victim to leave the chest of the victim B (the 12 years old), and the statements made by the victim and the victim C, who correspond to the facts charged in the instant case, are not reliable.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.
B. In doing so, the Defendant did not assault and threaten the victim to the extent that the victim’s resistance is considerably difficult.
Nevertheless, the court below erred by misapprehending the legal principles in finding guilty of the facts charged of this case.
C. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.
2. Determination:
A. 1) In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court below determined the credibility of the statements based on the following legal principles: (a) as well as whether the contents of the statements themselves conform to the rationality, logic, morality, or rule of experience, or conforms to the physical evidence or a third party’s statement before a judge; (b) the appearance or attitude of the witness who is entering the witness’s statement in an open court after being sworn before a judge; and (c) the appearance or appearance of the witness who is making the statement in an open court; and (d) the appearance of the witness who is making the statement in an open court after being sworn; and (d) the examination of the witness’s statement in an open court (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2004Do3628, Apr. 15, 2005; and (e) the court below’s decision 201216.218).