The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the defendant was trying to know the victim and had the victim reject and only left the victim; (b) he/she had the victim forcedly use it, and has not made the victim fit to the items of the victim;

2. In determining the credibility of a statement after the first instance court proceeded with the witness examination procedure, it is necessary to assess the credibility of the statement, taking into account all the circumstances that are difficult to record in the witness examination protocol, such as whether the content of the statement itself conforms to the rationality, logical contradiction, or empirical rule, or conforms to evidence or third party’s statement before a judge, and whether it conforms to the appearance, attitude, and penance of the statement in the open court after being sworn before a judge.

On the other hand, the appellate court's determination of credibility of the statement made by the witness in the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol in principle. Thus, in determining credibility of the statement, there is an essential limitation that the appearance and attitude of the witness at the time of the statement that can be called one of the most important elements in determining credibility of the statement can not be reflected in the evaluation of credibility.

Considering the difference between the methods of evaluating credibility between the first instance court and the appellate court, the first instance court’s judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of the statement made by the witness of the first instance court, in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial proceedings, the appellate court shall determine the credibility of the statement made by the witness of the first instance court.