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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by defense counsel;
A. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of all the charges of this case on the grounds of the victim’s statement without credibility, although the Defendant did not have committed an indecent act or assault against the victim H by force.
B. In light of the fact that the criminal defendant was not subject to criminal punishment for the same kind of crime, and that he supports his child by negligence, the sentence of the court below which sentenced the order to complete a sexual assault treatment program program program for a period of 4 months and 40 hours is too unreasonable.
2. Determination
A. In light of the difference between the original court and the appellate court’s method of assessing the credibility of a witness’s statement based on the spirit of substantial direct deliberation adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the lower court’s determination was clearly erroneous in light of the content of the lower court’s judgment and the evidence duly examined by the lower court.
If there are extenuating circumstances to see the judgment of the court below on the credibility of the statement made by a witness of the court below, or in full view of the results of the examination of evidence and the results of additional examination conducted until the closing of oral argument in the appellate court, the appellate court shall not arbitrarily reverse the judgment of the court below on the sole ground that the judgment of the court below on the credibility of the statement made by the witness of the court below is different from the judgment of the appellate court (see, e.g., Supreme Court Decisions 2011Do5313, Jun. 14, 2012; 2008Do4449, Jul. 29, 2010; 2006Do494, Nov. 24, 2006). The defendant asserted to the effect that the grounds for appeal are alleged in the court below. The victim is consistent with the investigation agency from the court to the court below, and the defendant drinking alcohol.