The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

The defendant and the victim committed a similarity act under the agreement at the time of the case of this case's assertion of misunderstanding of facts among the grounds for appeal, not the defendant committed a similar act by using the victim's state of non-performance.

Judgment

The Defendant argued to the same effect as the grounds for appeal in the lower court.

The court below rejected the defendant's assertion and found the defendant guilty on this part of the facts charged on the basis of the credibility of the victim's statement, such as the specification, consistency, rationality, and natural satisfy, with the victim's statement under the title of "judgment on the defendant's and his defense counsel's assertion", and the circumstances supporting

Although the probative value of evidence is left to a judge’s free judgment, it should be consistent with logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial should be such that there is no reasonable doubt, but to the extent that it does not require to exclude all possible doubts, and the rejection of evidence that is recognized as having probative value exceeds the bounds of the principle of free evaluation of evidence.

A victim’s statement shall not be dismissed without any justifiable reason, unless the main part of the statement is consistent with the victim’s statement, and there is no unreasonable or contradictory part in light of the empirical rule, and there is also no motive or reason to make a false statement unfavorable to the defendant (see, e.g., Supreme Court Decision 2018Do7709, Oct. 25, 2018). In light of such legal principles, the evidence duly adopted and examined by the court below is sufficiently examined, and the court below acknowledged various circumstances as stated by the court below, and the evidence admitted by the same evidence is acknowledged.