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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal did not interfere with the victim's convenience store business by force as stated in the judgment of the court below, but the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts and affecting the conclusion
2. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance witness was clearly erroneous.
Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is clearly unfair, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). In full view of the evidence duly admitted and examined by the lower court, the victim interfered with the convenience store business of the victim by taking advantage of the victim’s large interest or desire at the convenience store where the victim works, as stated in the lower court’s decision, even before the investigation agency has consistently adopted the evidence.
The victim's statement about the process, method, etc. of the crime of this case is so specific and natural that there is no mutual contradiction, and the credibility can be acknowledged by complying with the legal statement of witness F and CCTV video of the court below, and there is no additional evidence to reject it otherwise, and there is no circumstance to view that the judgment of the court below is remarkably unfair.
Therefore, as stated in the judgment of the court below, the defendant interfered with the victim's convenience store business by force by taking advantage of the victim's great interest or desire.