The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The defendant does not have raped the victim.

B. The sentence of unfair sentencing (one year of imprisonment, etc.) is too unreasonable.

2. Determination

A. Although the probative value of evidence regarding the Defendant’s assertion of mistake of facts is left to the free judgment of the judge, such judgment should be consistent with logical and empirical rules, and the degree of the formation of the conviction to be found guilty in a criminal trial should be such that there is no reasonable doubt. However, this does not require that all possible doubts be excluded, and the rejection of evidence by causing a suspicion with no reasonable grounds, which is recognized as having probative value, goes beyond the bounds of the principle of free evaluation of evidence, may not be permitted.

Inasmuch as the contents of a statement made by a victim, etc. are consistent with the main contents of the statement, in light of the empirical rule, there is no portion inconsistent with the statement made by the victim, and there is no motive or reason unfavorable to the defendant, and the credibility of the statement made by the victim, etc. shall not be rejected without any justifiable reason, unless the motive or reason to make the statement unfavorable to the defendant is clearly revealed (see, e.g., Supreme Court Decision 2018Do7709, Oct. 25, 2018). Meanwhile, when determining the credibility of the confession, the determination shall be made by taking into account all the circumstances, such as whether the content of the statement made by the confession itself is objectively reasonable, what is the motive or reason for the confession, what is the reason leading to the confession, and what

(See Supreme Court Decision 2015Do17869 Decided October 13, 2016, supra). In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the lower court, the victim’s statement and the Defendant’s confession made in the lower court court’s court’s court’s court’s court’s evidence to acknowledge the credibility of the statement, and there are supporting evidence.