A. In fact, the Defendant did not have any buckbucks in part of the victim, and kneee knee knee knee knee knee knebbbbs by the victim who got the Defendant’s knebbbbbbs. Thus, the lower court found the Defendant guilty of the facts charged in this case.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision and the evidence duly examined in the first instance court was clearly erroneous in the first instance court’s decision on the credibility of the statement made by the witness in the first instance trial in light of the contents of the first instance judgment and the evidence duly examined in the first instance trial.

Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance court, or in full view of the results of the examination of evidence conducted by the court of first instance and the results of additional examination of evidence until the closing of pleadings, 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 the witness of the first instance court is different from the appellate court's judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). B. 1) on the ground that the judgment of the first instance on the credibility of the statement made by the witness of the first instance court is not different from the judgment of the appellate court (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

Recognizing the instant facts charged, the lower court convicted the Defendant.

2) However, in light of the contents of the lower judgment and the evidence duly examined by the lower court, the credibility of the witness E, F, and G’s testimony in the lower court in light of the contents thereof and the evidence duly examined by the lower court.