The defendant's appeal is dismissed.

1. The summary of reasons for appeal is that the defendant commits an indecent act against the victim.

Nevertheless, the judgment of the court below which found the defendant guilty on the grounds of the victim's statement without credibility is erroneous in the misapprehension of facts and legal principles.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision and the evidence duly examined in the first instance court was clearly erroneous in the first instance court’s decision on the credibility of the statement made by the witness in the first instance trial in light of the contents of the first instance judgment and the evidence duly examined in the first instance trial.

Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of additional examination of evidence until the closing of pleadings, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 201Do5313, Jun. 14, 2012). In addition, where the statement made by the witness is consistent with the main part of the statement made by the first instance court, the credibility of the statement made by the witness of the first instance does not be denied as the witness of the first instance judgment (see, e.g., Supreme Court Decision 2007Do10728, Mar. 14, 2008).