The prosecutor's appeal is dismissed.

1. In light of the difference between the method of evaluating credibility of the first instance court and the appellate court according to the spirit of substantial direct examination adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the judgment of the court of first instance and the appellate court is clearly erroneous or, in light of the contents of the judgment of the first instance and the evidence duly examined in the first instance court, 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 is clearly unreasonable unless there are exceptional circumstances where it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by the witness of the first instance is clearly unreasonable, and the appellate court’s determination on the credibility of the statement made by the witness of the first instance, despite the distinction between the first instance court’s determination on the credibility of the statement made by the witness of the first instance court and the appellate court’s determination on the credibility of the statement made by the court of first instance and the evidence duly examined until the closing of the appellate court’s argument.

(See Supreme Court Decision 2006Do4994, Nov. 24, 2006). In light of such a legal doctrine, the following factors are considered: (a) the Defendant’s defense, and the surrounding circumstances at the time of the instant case.