The defendant's appeal is dismissed.

1. The decision of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of facts, although the defendant ordered E to contact with the defendant.

2. The Criminal Procedure Act of Korea adopts the principle of public trial-oriented principle that the formation of conviction and innocence against the substance of a criminal case ought to be based on a trial in the court. The court-oriented principle is that only the evidence directly examined in the presence of a judge can be used as the basis of a trial, and the original evidence near the facts subject to proof should be used as the basis of a trial, and the use of a substitute for the original evidence should not be permitted in principle. This is intended to enable a judge to form a new and accurate conviction on a case through the method of investigating the original evidence in the court, while giving the defendant an opportunity to directly state his/her opinion on the original evidence, thereby enabling the discovery of substantial truth and realizing a fair trial.

Therefore, the court presiding over the criminal procedure should be able to realize the above substantial and complete spirit of the principle of direct deliberation in the first instance trial court, which is the principle procedure in which the parties’ allegations and evidence are taken place, focusing on the court in the process of criminal procedure and the trial process.

In order to determine credibility of a statement after the first instance court proceeded with the witness examination procedure, not only is it consistent with the rationality, logic, and contradiction of the content itself or the rule of experience, but also is consistent with evidence or a third party's statement in the open court after being sworn before a judge, but also it is hard to record the witness's appearance, attitude, and statement in the witness examination protocol, such as a penuation of the statement in the open court after being sworn before a judge.