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The defendant's appeal is dismissed.
Reasons
1. Judgment on the Defendant’s assertion of mistake of facts
A. Although the Defendant did not have committed an indecent act or forced indecent act against the victim, the lower court found the Defendant guilty of the instant facts charged on the sole basis of the victim’s statement without credibility.
B. In the appellate court’s trial process, there is no new objective reason that could affect the formation of documentary evidence, and in the absence of reasonable circumstances that clearly misleads the determination of the value of evidence of the first trial or that the argument leading to the acknowledgement of facts is obviously unfair due to the contrary to logical and empirical rules, the judgment on the recognition of facts in the first instance deliberation shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The Defendant asserted the same purport at the lower court, and the lower court rejected the Defendant’s assertion on the grounds of the detailed circumstances in the item of “the determination of the Defendant and his defense counsel’s assertion” and convicted the Defendant of the instant facts charged.
There is no reasonable ground to deem that it is remarkably unfair to maintain the judgment as it is in violation of logical and empirical rules that the judgment of evidence was clearly erroneous or that the argument leading to the acknowledgement of facts was against the logical and empirical rules.
In addition, there is no objective reason to affect the formation of a documentary evidence even in the trial process of a court.
There is no error in the judgment of the court below as to the facts alleged by the defendant.
Defendant’s assertion is not accepted.
2. The appeal by the defendant is dismissed on the grounds that the appeal by the defendant is without merit, and ex officio, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the appeal by the defendant is dismissed on the 3th 9th 9th e of the judgment below as "a family relation certificate (E)", and the 6th 4th eth "No. 10 times per annum."