Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance trial witness was clearly erroneous.

In light of the special circumstances or the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court shall respect the judgment on the credibility of the statement made by the witness at the first instance trial (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). (b) The following circumstances, which can be recognized by the evidence duly adopted and investigated by the lower court, are (i) the victim appeared as a witness at the court of the lower court, and (ii) the victim failed to obtain signatures from the representative (see, e.g., Supreme Court records No. 108, Jun. 8, 2005; 2005; 2) the "security light in the complex" was adopted as the "security light in the complex, etc.," and the defendant did not appear to have submitted the records of the first instance trial in consideration of the lack of any reference materials related to the matters to be resolved (see, e.g., Supreme Court Decision 2005Du575.

(No. 123 of the trial records) a statement was made to the effect that it is (the trial records No. 123 of the trial records), and (2) the defendant has a same representative H in the minutes before the alteration.