Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. 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 trial witness was clearly erroneous.

Unless there are extenuating circumstances to view that maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance court is significantly unfair, or considering the results of the first instance examination and the results of the additional examination conducted until the closing of oral pleadings, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance court (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). (B) In light of the above legal principles and the evidence duly adopted and examined by the court below, comprehensively taking account of the above legal principles, it shall be sufficient to acknowledge that the facts of the first instance court's testimony were alleged as a witness of the first instance, C (230 pages of the trial record), victim D (132, 162 pages of the trial record), E (195, 196 pages of the trial record), G (172, 179 of the trial record), G (a79 of the trial record), and the fact that the defendant publicly made a statement by publicly alleging the facts can be recognized as a witness of this case.

Ultimately, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is an error of law affecting the judgment.

subsection (b) of this section.

Defendant’s assertion is without merit.

3. In conclusion, 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 without merit.