In addition, even though the defendant was slicked by the defendant, G was immediately restrained by the husband of the defendant, and the defendant did not threaten the victim as he would be slick by the defendant.

2. Determination

A. In determining the credibility of a statement after the first instance court proceeded with the witness examination procedure, it is necessary to assess the credibility of the statement, taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is going to make a statement in the open court after being sworn in the presence of a judge, the appearance and attitude of the witness, and the penology of the statement.

On the other hand, the appellate court's determination on the credibility of the statement made by the witness of the first instance court under the current Criminal Procedure Act refers to the records including the witness examination protocol as data in principle. Thus, when determining the credibility of the statement, the appearance and attitude of the witness at the time when the statement can be deemed to be one of the most important elements in determining the credibility of the statement has the intrinsic limitation that the statement cannot be reflected in the evaluation of the credibility of the statement. Considering the difference between the first instance court and the appellate court's method of evaluation of credibility according to the spirit of the substantial direct cross-examination as mentioned above, the first instance court's determination on the credibility of the statement made by the witness of the first instance court is clearly erroneous, or the first instance court's determination on the credibility of the statement made by the witness of the first instance court is maintained in light of the contents of the first instance judgment and the evidence duly produced by the first instance court's evidence examination.