The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) unlike the facts charged in the instant case, the Defendant only took a natural key with the victim and did not forcibly commit an indecent act against the victim.

Nevertheless, the lower court found the Defendant guilty on the grounds of the victim’s statement, etc. without credibility. Therefore, the lower court erred by misapprehending the legal doctrine on facts.

2. Determination

A. In determining the credibility of a victim’s statement supporting the facts charged, the credibility of a witness’s statement should be assessed on the sole basis of the following: (a) whether the content of the statement itself conforms to the logical inconsistency or empirical rule; (b) whether the statement conforms to the witness’s testimony or third party’s testimony before and after being sworn by a judge; and (c) the appearance or attitude of the witness who is attending an open court’s witness examination protocol, such as the penlance of the statement, and other circumstances that make it difficult to record, should be considered to have been obtained by directly observing the circumstances that make it difficult to record (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 200; 2012Do2631, Jun. 28, 2012; and (d) whether the statement conforms with the victim’s own testimony and its credibility should not be denied without permission for the mere reason that the statement is somewhat inconsistent with the witness’s statement concerning other minor matters (see Supreme Court Decision 201208Do71, Mar. 27, 201, 201, etc.

In special circumstances, the result of the first deliberation and the appellate trial are closed until the conclusion of the pleadings.