2. Determination:

A. In light of the content of the judgment of the court of first instance and the evidence duly examined in the court of first instance, unless there exist special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or in view of the results of the first instance examination and the results of additional evidence examination conducted by the time of closing argument in the appellate trial, the appellate court may not reverse the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by a witness of the court of first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2007Do2020, May 11, 2007; 2009Do14409, Feb. 25, 2010).

Defendant

In light of the above legal principles, the defense counsel did not have credibility of the victim's statement. However, the evidence duly adopted and examined by the court below and the court below in light of the above legal principles, and closely examined the following circumstances, namely, whether the victim was a chief executive officer during waiting for the police in the waiting room after the crime of this case, is merely incidental circumstances after the crime of this case, and thus, the victim cannot accurately memory the victim after a considerable period of time after the crime of this case. Thus, the victim cannot be deemed to have credibility of the victim's statement about the crime of this case. The victim's entrance to the place of crime of this case is adjacent to the male bath bath, and the victim's means of reporting to the principal office is the body of water.