The judgment below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. Criminal facts in a criminal trial should be admitted as a strict evidence that has the probative value to the extent that the judge has no reasonable doubt. As such, in a case where the prosecutor fails to prove to the extent that he/she has a sufficient conviction, there are circumstances, such as in which the defendant's assertion or defense is contradictory or uncomfortable, and there are suspicions of guilt, even if the defendant's assertion or defense

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 deliberation adopted by the Criminal Procedure Act, the first instance court’s judgment and the evidence duly examined in the first instance court’s judgment clearly erred in light of the contents of the first instance judgment and the evidence duly examined in the first instance court’s judgment, the first instance court’s judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous.

Unless there are extenuating circumstances to view that maintaining the first deliberation decision on the credibility of a statement made by a witness of the first instance court is significantly unfair, or in full view of the results of the first examination and the results of the additional examination of evidence by the time the appellate trial ends, the appellate court should not reverse without permission the first deliberation decision on the ground that the first deliberation decision on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment.

In particular, in the case of evidence supporting the facts charged, although the first instance court, which directly observed the appearance and attitude of the witness who directly observe the witness's statement while proceeding the witness examination procedure, finds it impossible to recognize the credibility of the witness's statement, the appellate court may reverse it and recognize the credibility of the witness's statement.

In order to determine the credibility of the statement, the first deliberation decision rejecting the credibility of the statement is not acceptable and acceptable.