The defendant's appeal is dismissed.

1. Fact-finding of the gist of the grounds for appeal (the defendant did not force the victim by force). 2. Considering the difference between the method of evaluating the credibility of the first instance court and the appellate court in accordance with the spirit of the substantial direct examination adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the appellate court should not reverse without permission the first instance court’s determination on the credibility of the statement made by the witness of the first instance court in light of the contents of the first instance court’s judgment and the evidence duly examined by the first instance court, or, except in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s determination on the credibility of the statement made by the witness of the first instance court by taking account of the results of the examination of evidence conducted by the first instance court and the results of additional examination conducted by the time of closing argument in the appellate court (see, e.g., Supreme Court Decision 201Do51313, Jun. 14, 2012).

In the instant case where it is difficult to view that maintaining the judgment of the first instance court is significantly unfair even if it is based on the result of the examination of evidence (such as testimony of witness G at the trial court) conducted in addition to the time of the closing of argument in the trial, the first instance court's decision which found the Defendant guilty of the instant facts charged is acceptable based on such evidence, and there is no illegality of misunderstanding of facts that affected the judgment, and thus, the Defendant's assertion of this issue

3. According to the conclusion, the defendant's appeal shall not be accepted in accordance with Article 364 (4) of the Criminal Procedure Act.