2. In light of the difference between the first instance court and the appellate court’s method of assessing the credibility of a statement made by a witness of the first instance court, if there are special circumstances to deem that the first instance court clearly erred in the determination of the credibility of a statement made by a witness of the first instance in light of the content of the first instance judgment and the evidence duly examined by the first instance court, or if it is not an exceptional case where it is deemed that maintaining the first instance court’s decision on the credibility of a statement made by a witness of the first instance court is remarkably unfair considering the result of the first instance court’s examination and the result of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court shall not reverse without permission the first instance court’s decision solely on the ground that the

(2) In light of the above legal principles, the following circumstances are acknowledged by the court below and the evidence duly admitted and investigated by the court below. ① The F and H, at the time of the instant case, only expressed in the court below, that the Defendant and the victim expressed that they did not see that they did not see the victim’s breathing. The direct evidence of the facts charged of the instant case is the only victim’s statement. ② The victim stated in the investigative agency from the day of the instant case to the court below that the Defendant 2 had fighting with each other, such as f and H, by taking the breath of the body of the Defendant on the day of the instant case. ③ The victim consistently stated that they had fighting with each other, such as f and H, by taking the breathing of the Defendant and breathing the body of the Defendant. < Amended by Presidential Decree No. 20154, Jun. 24, 2010>