2. Determination

A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument in the appellate trial is concluded, the appellate court should respect the judgment on the credibility of the statement made by the witness of the first instance.

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). B.

The lower court found the Defendant guilty of the facts charged of the instant case by comprehensively taking account of other evidence duly admitted and examined in the testimony after having finished the examination procedure of witness examination as to D, etc., and found that the lower court clearly erred in determining the credibility of the aforementioned statement.

It is not considered that maintaining the judgment of the court below on the credibility or credibility of the judgment is significantly unfair.

In addition, in full view of other evidence duly adopted and examined by the court below in the above testimony that the court below acknowledged credibility, the defendant's assertion on this part is without merit.

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