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The defendant's appeal is dismissed.
Reasons
The summary of the grounds for appeal is without credibility of the statement made by the victim C, and the defendant did not commit any act described in each of the facts charged in the instant case.
Judgment
A. In light of the content of the judgment of the first instance court and the evidence duly examined in the first instance court, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance was clearly erroneous, or if the first instance court’s determination on the credibility of a statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance’s examination and the results of additional evidence examination conducted by the time the argument in the appellate trial was concluded, the appellate court should not reverse the first instance judgment solely on the ground that the first instance judgment on the credibility of a statement made by a witness of the first instance is different from the appellate court’s determination (see, e.g., Supreme Court Decisions 2010Do827, Oct. 14, 2010; 2013Do11802, Nov. 28, 2013).
Judgment
(1) The lower court also asserted the credibility of the victim’s statement. However, the lower court acknowledged the credibility of the above statement in light of the following: (a) the victim’s statement from the investigative agency to the court below’s trial; and (b) the victim’s statement conforms to the Defendant’s statement and partially inconsistent with other evidence; and (c) found the Defendant guilty of each of the facts charged in the instant case while rejecting the Defendant’s assertion in full view
(2) On May 14, 2017, the Defendant asserts to the effect that there was a dispute between the victim and the Defendant, and thus, the credibility of the victim’s statement is low.
The recording records submitted by the defendant in the trial court include "C", the victim of this case, which was the other party to the dispute with the defendant. However, according to the defendant's trial statement, the court below's statement is examined.