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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the defendant is not aware of the victim's face due to the victim's belief, and the judgment of the court below which found the defendant guilty is erroneous, which affected the judgment.
2. Determination
A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall assess the credibility of the statements, as well as whether the contents of the statements themselves conform to the rationality, logic, appearance or rule of experience, or conforms to the statements made by a third party, and whether the statements made by the victim, etc., including the appearance and attitude of the witness, and the penance of the statements made by the witness in the open court after being sworn before a judge, in consideration of all the circumstances that make it difficult for the witness to record in the witness examination protocol, including the appearance and attitude of the witness, and the penance of the statements made by the witness in the open court after being sworn before a judge. In a case where the statements made by the victim, etc. are mutually consistent and consistent with the facts charged, they shall not be rejected without permission unless there is any separate evidence to deem that they are objectively reliable (see, e.g., Supreme Court Decision 2012Do26
On the instant case, while the victim stated from the Defendant that he/she was gymnized one time, the victim did not have any fact at all when the victim was gymnized.
Defendant
In addition, as pointed out by the defense counsel, ① the part of the defendant's statement does not coincide with the other side (the victim's left side is the same as the victim's side, and the diagnosis is the front side and the front side in the diagnosis). ② The victim was in the same place in the court of original instance, and the victim reversed his statement that he did not at that time. ③ The fact that the victim was in the same place in the court of original instance, ③ is specified as the left side as to whether he was in the light of his movement, ④ the F and K were not in the face of the assault.