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 lower court directly examined C, F, etc., and acknowledged the credibility of testimony and convicted him/her of the facts charged in the instant case. There are special circumstances to deem that the lower court clearly erred in determining the credibility of each of the aforementioned testimony.

It is not considered significantly unfair to maintain its judgment as it is.

In full view of the evidence duly adopted and examined by the court below, such as the above testimony, the defendant's assertion is without merit, since the defendant can be found to have taken the face of the victim by drinking.

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