2. Determination

A. In light of the content of the judgment of the first instance and the evidence duly examined in the first instance court, unless there exist 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 in view of the results of the first instance examination and the results of additional evidence examination conducted by the time of closing the argument in the appellate trial, maintaining the first instance judgment on the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court shall not reverse without permission the first instance judgment solely on the ground that the first instance judgment on the credibility of the statement made by a witness of the first instance is different from that of the appellate court (see Supreme Court Decision 2013Do1802, Nov. 28, 2013).

The lower court determined that the credibility of each of the statements made by the victim, witness H, E, and G, who correspond to the facts charged, was found on the grounds of the following circumstances.

① Each statement made by a victim and witness is consistent, specific, and inconsistent with the contents of the statement, and there is no other reason to intervene in the statement.

② At the time and place indicated in the facts charged, K stated that there was the enemy who prevented the Defendant from doing so.

③ At the time indicated in the facts charged, the Defendant had considerable interest and decompositiond with the Defendant’s employees of the instant age club, including the victim.

C. In light of the above circumstances cited by the lower court, the first instance judgment on whether the victim and witness have credibility is clearly made.