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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant, who is guilty of facts, led the victim's grandchildren and pushed the shoulder or mash, the Defendant did not see the victim's breast part or the victim's breast part.
B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.
2. Determination
A. 1) In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, the appellate court may not reverse without permission the first instance court's decision as to the credibility of the statement made by the witness in the first instance, unless there exist special circumstances to deem that the first instance court clearly erred in the determination of the credibility of the statement made by the witness in the first instance, or there are special circumstances to deem that maintaining the first instance court's decision as to the credibility of the statement made by the witness in the first instance is considerably unfair in full view of the results of the first instance's examination and the results of additional examination of evidence conducted by the time the argument was concluded until the closing of arguments in the appellate court (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). 2) The lower court directly examined the victim directly, and acknowledged the credibility of the testimony and found the Defendant guilty of the facts charged in this case, and there are special circumstances
It does not seem to be significantly unfair to maintain its judgment as it is.
In particular, the Defendant asserts that it is not reliable that the victim’s statement is not reliable because the victim did not accurately state whether the victim was two or three times from the Defendant, whether the Defendant’s hand her hand is left, or whether the hand her hand her hand is right hand her hand, etc., but it is difficult for the victim to accurately recognize the part her hand her hand in the situation of assault, and even if the part she is faced with several her hand, it is difficult to accurately recognize it, which is not a major content of the facts charged.