Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance trial witness was clearly erroneous.

Unless special circumstances exist or comprehensively considering the results of the first instance examination and the results of the additional examination of evidence conducted by the time when the appellate trial is closed, maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance court is clearly unfair, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). (B) In light of the above legal principles, the court below's evidence duly adopted and investigated by the court below was consistent and specific to the facts charged of this case, i.e., ① the victim made a consistent and specific statement from the investigative agency to the court of the lower court; ② the victim's injury diagnosis (Evidence No. 16 of the evidence record) submitted by the police; ③ the FF was deemed to have suffered injury between 21 days in the victim's exercise of the evidence at the time of the lower court's use of the evidence by the witness of this case.