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 convicted the Defendant of the facts charged of this case on the following grounds: (a) the court below convicted the Defendant of the credibility of the aforementioned testimony by taking account of other evidence duly adopted and examined in the testimony after having undergone the examination procedure of witness witness with respect to H, F, etc.; and (b) the court below convicted the Defendant of the facts charged of this case after having finished the examination procedure of witness witness with respect to H, F, etc.

Therefore, the defendant's assertion is without merit, since it seems that the judgment is remarkably improper.

3. Therefore, 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 groundless. It is so decided as per