2. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or if it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is significantly unfair, the appellate court should respect the determination on the credibility of the statement made by the witness of the first instance, unless there are exceptional circumstances where it is deemed that the first instance court’s determination on

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). Defendant asserted the same as the grounds for appeal of this case at the lower court. The lower court directly examined C, E, F, etc. and deemed credibility by directly examining the witness, and based on other evidence duly adopted and examined in the statement, rejected Defendant’s assertion, and the Defendant convicted Defendant by admitting the fact that the Defendant expressed a victim’s desire, insulting the victim, and destroyed the shock.

In full view of the circumstances revealed in the records and arguments of this case, there are special circumstances to deem that the lower court’s determination of the credibility of the witness’s statement was clearly erroneous.

The defendant's assertion is without merit since it is not remarkably unfair to maintain its judgment as it is, and it is reasonable to compare the judgment of the court below with the evidence.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per