The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The defendant did not look at the victim's gender and chest.

Judgment

In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statements made by the victim, etc., taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance and attitude of the witness who is taking an oath before a judge, and the penology of the statements made by the witness in the open court after he/she took an oath. Where the statements made by the witness, including the victim, are mutually consistent and consistent with the facts charged, it shall not be rejected without any separate reliable evidence to deem that credibility is unreasonable (see, e.g., Supreme Court Decision 2010Do7403, Sept. 9, 2010). Furthermore, the court below shall have consistently stated the victim’s statements from the investigative agency to the witness’s statements made in the open court, and shall not accept the victim’s statements made in the witness examination without permission, on the ground that there is a lack of consistency with the victim’s statements made in other assault and indecent acts committed by the victim.