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

(1) The court below rejected the Defendant’s assertion based on the following evidence: (a) the Defendant’s assertion was pronounced guilty of the facts charged in the instant case: (b) the lower court clearly erred in the determination of the credibility of the testimony; and (c) the lower court’s determination on the credibility of the testimony was clearly erroneous.

The defendant's assertion is without merit, since it seems that maintaining the judgment of the court below on the credibility of the judgment is not significantly unfair.

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.