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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal did not exchange L with sylphonephones and marijuana as stated in the judgment of the court below for the crime No. 2.
2. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or if it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is significantly unfair, the appellate court should respect the determination on the credibility of the statement made by the witness of the first instance, unless there are exceptional circumstances where it is deemed that the first instance court’s determination on
(1) The lower court convicted the Defendant of the facts charged of the instant case on the following grounds: (a) the Defendant was guilty of the lower court’s determination of the credibility of the testimony on November 24, 2006, by comprehensively taking account of other evidence duly admitted and investigated after the direct examination of evidence, such as the process of examination of the witness regarding L, etc.; and (b) the lower court clearly erred in determining the credibility of the testimony.
Therefore, the defendant's assertion is without merit, since it seems that the judgment is remarkably improper.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per