2. Determination

A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument in the appellate trial is concluded, the appellate court should respect the judgment on the credibility of the statement made by the witness of the first instance.

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). B.

The court below found the defendant not guilty on the ground that the victim's statement that conforms to the facts charged is difficult to believe and the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged, and there is no other evidence to prove otherwise. The judgment of the court below on the premise that the judgment of the court below on the ground that there is no reason to deem the credibility of the court below is improper, and the prosecutor's

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.