2. In light of the content of the judgment of the first instance and the evidence duly examined by the first instance court, the first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in the determination.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court, in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). In full view of the evidence duly adopted and examined by the lower court, the lower court’s judgment that granted credibility to the victim’s legal statement and some of witness F’s legal statement and found the Defendant guilty of the facts charged of this case is justifiable, and otherwise, the lower court’s judgment on the credibility of each of the above statements was clearly erroneous.

There is no special circumstance to see, and it is not recognized that maintaining the judgment of the court below is remarkably unfair.

3. According to the 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. It is so decided as per Disposition.