The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant commits an indecent act against the victim as stated in the instant facts charged.

2. In full view of the results of the first instance court’s examination and the results of the further examination of evidence conducted by the time the argument in the appellate court is concluded, the appellate court shall not reverse without permission the first instance court’s judgment as to the credibility of the statement made by the witness in the first instance, unless there are exceptional cases deemed significantly unfair to maintain the first instance court’s judgment as to the credibility of the statement made by the witness in the appellate court (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). The lower court convicted the victim of the instant facts charged on the ground that the victim’s statement was credibility by taking account of the circumstances in its judgment.

In light of the above legal principles, a thorough examination of the evidence duly adopted and examined by the court below is justified, and there is no violation of law of misunderstanding of facts alleged by the defendant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.