The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The misunderstanding F made it clear that the Defendant committed an indecent act, and only the Defendant made an objective accusation.

The court below found the defendant guilty of the facts charged of this case.

B. The punishment of the lower court is too heavy.

2. Determination

A. In determining the credibility of a statement after the first instance court proceeded with the witness examination procedure, not only is it consistent with the rationality, logic, inconsistency, or rule of experience of the content of the statement itself, but also is consistent with the witness evidence or third party’s statement in the witness examination protocol, such as the appearance or attitude of a witness, and the penology of the statement, which is difficult to record in the witness examination protocol, after being sworn in the presence of a judge, should be evaluated in consideration of all such circumstances as are difficult to record in the witness examination protocol, including the appearance and attitude of a witness, and the penology of the statement.

On the other hand, the appellate court's determination of credibility of the statement made by the witness in the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol in principle. Thus, in determining credibility of the statement, there is an essential limitation that the appearance and attitude of the witness at the time of the statement that can be called one of the most important elements in determining credibility of the statement can not be reflected in the evaluation of credibility.

Considering the difference between the methods of evaluating credibility between the first instance court and the appellate court, the first instance court’s judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court.

In full view of the results of the first examination and the results of the further examination of evidence conducted by the court of first instance until the conclusion of the pleadings, it is obvious that the first examination judgment on the credibility of the statement made by the witness of the court of first instance is maintained.