The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. The Defendant is not guilty of committing an indecent act against the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, community service, 120 hours, and 40 hours of sexual assault treatment lectures) is too unreasonable.

Judgment

A. 1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court shall not arbitrarily dismiss the part of the statement made by the victim, etc., unless there are any other reliable data that can be objectively deemed objectively acceptable if the statement made by the witness, including the victim, conforms to the rationality of the contents of the statement itself or the empirical rule, or comply with the physical evidence or third party’s statement before a judge, taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance or attitude of the witness being sworn in the presence of a judge, and the pen of the statement, and the fact that the witness’s statement made by the witness, including the victim, conforms to the facts charged. In addition, the part of the statement made by the victim, including the victim, is inconsistent with the facts charged, unless there is any other evidentiary data that can be objectively deemed as not reliable, or there is any inconsistency with the aforementioned part of the first statement made by the victim in light of the empirical rule-based motive or unfavorable part of the statement made by the defendant.

The credibility of the statement should not be rejected without any special reason.