The defendant's appeal is dismissed.

1. The appellate court should not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by a witness of the first instance is different from the appellate court’s judgment, barring any special circumstances in the judgment of this court (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). In light of such legal principles, the first instance judgment, in which the victim and witness H, as each witness, believed the specific statement made by the first instance court as they are, was clearly erroneous in the first instance judgment.

In the instant case where it is difficult to view that maintaining the judgment of the first instance court is considerably unfair even if the result of an additional examination of evidence was conducted by the time the arguments in the trial or by the time the arguments in the trial are concluded, the first instance court's decision that found the Defendant guilty of the instant facts charged is acceptable based on such evidence, and there is no illegality such as misunderstanding of facts that affected the judgment, and thus, the Defendant'

3. Accordingly, we cannot accept the Defendant’s appeal under Article 364(4) of the Criminal Procedure Act.