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 found the Defendant not guilty of this part of the facts charged by recognizing the credibility of the E’s legal statement and rejecting the credibility of D’s legal statement after having directly examined the evidence, such as the process of examining the witness of E, D, etc., and the lower court clearly erred in determining the credibility of each of the above legal statements.

Therefore, the lower court’s determination based on such premise is justifiable, since it seems that maintaining the same as it is seems significantly unreasonable.

C. Therefore, the prosecutor's above assertion is without merit.

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