The judgment of the court below is reversed.

The punishment of the accused shall be three years of imprisonment.

Sexual assault, 40 hours against the defendant.

On June 8, 2018, the victim’s statement to the effect that the Defendant was forced to engage in indecent acts by compulsion at G singing practice room around 10:10 on June 8, 2018, and that the Defendant was forced to engage in quasi-rape at HMoel room around 11:00 on the same day is highly reliable.

Nevertheless, the court below rejected the victim’s statement and rendered a not-guilty verdict on all the facts charged of this case, thereby affecting the conclusion of the judgment.

Although the probative value of evidence related to the judgment on the grounds of appeal is left to the discretion of the judge, such judgment shall be consistent with logical and empirical rules, and the degree of the formation of the conviction to be found guilty in a criminal trial shall be such that there is no reasonable doubt. However, this does not require that all possible doubts be excluded, and rejection by causing a suspicion that there is no reasonable ground to believe that the probative value exists is beyond the bounds of the principle of free evaluation of evidence is impermissible.

The victim’s statement is consistent with the main part of the statement made by the victim, etc. in light of the empirical rule, and there is no unreasonable or contradictory part in itself in light of the empirical rule, and as long as the motive or reason for making a false statement unfavorable to the defendant is not clearly revealed, the credibility of the statement should not be rejected without any justifiable reason (see, e.g., Supreme Court Decision 2018Do7709, Oct. 25, 2018). In full view of the evidence duly adopted and examined by the lower court and the evidence adopted and examined by this court, such as the victim’s statement in this court, the victim’s statement in this court, etc., as indicated in the instant facts charged, can be sufficiently recognized that the Defendant committed indecent act by force in a singing practice room at around June 10, 2018, and at around 11:00 on the same day, quasi-rape is quasi-raped in the H tele

Nevertheless, the lower court’s statement alone is insufficient to recognize the instant facts charged.