The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) has not committed each crime under the judgment of the court below.

2. Judgment on the grounds for appeal

A. In determining the credibility of a victim’s statement, etc. supporting the facts charged, the credibility of a witness’s statement should be assessed on the sole basis of the following: (a) whether the content of the statement itself conforms to the logical contradiction or empirical rule; (b) whether the statement conforms to the witness’s evidence or third party’s statement; and (c) the appearance or attitude of the witness who is going to an oath before and after being sworn by a judge; and (d) the appearance and appearance of the witness who is going to the witness’s statement in the open court, which is difficult to record in the witness examination protocol, by directly observing various circumstances that make it difficult to record (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 209; 2012Do2631, Jun. 28, 2012; and (b) whether the statement conforms with the victim’s testimony in light of the fact that it is somewhat inconsistent with the witness’s statements in the first part, it cannot be denied without permission for the victim’s testimony (see Supreme Court Decision 201207Do1784.

In full view of the results of the first examination and the results of the further examination of evidence conducted not later than the closing of the appellate trial, the maintenance of the first examination judgment on the credibility of the statement made by the witness of the first instance trial is not significantly unfair, unless there are exceptional cases where it is deemed that the first examination judgment is significantly unfair.