The defendant's appeal is dismissed.

1. Summary of the grounds for appeal - The defendant has never committed any indecent act by force against the misunderstanding of facts as to B.

Nevertheless, the judgment of the court below which found the defendant guilty on the basis of only the statements in B without credibility is erroneous.

2. Determination

A. In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court below determined the credibility of the statement, as well as whether it conforms to the reasonableness, logic, and morality of the statement itself or the rule of experience, or the statement made by a third party, and whether it conforms to the witness evidence or the statement made by a third party before and after taking an oath before a judge, considering all the circumstances that are difficult to record in the witness examination protocol, such as the appearance and attitude of the witness being sworn in the open court, and the penance of the statement, etc., the witness examination should be conducted by directly observing the circumstances that are hard to record. In a case where the statement made by the witness including the victim is mutually consistent and consistent with the facts charged, it shall not be rejected without permission, unless there is any separate evidence to deem the credibility of the statement made by the witness objectively deemed consistent with the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012).

In particular,