The court below found the victim guilty of the facts charged in this case without intentionally kneeing the victim's knee with knee with the knee. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. 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 witness was clearly erroneous.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). In full view of the evidence duly admitted and examined by the lower court, the victim has consistently maintained the victim’s knee with the victim’s kne with the temporary pen in the place set forth in the lower court’s holding until the lower court’s court’s trial until the victim’s kne and the chest were febbed by taking the victim’s febage with the victim’s hand.

The victim’s statement on the background, method, etc. of the instant crime is so specific and natural that it is difficult to make a statement without direct experience as well as the situation at the time of damage, the Defendant’s act, etc. The victim’s statement is consistent with the victim’s statement in a specific and consistent manner. Such a statement is consistent with the victim’s name and the victim’s photographic image and knee, etc. taking pictures.