A. Defendant 1) misunderstanding of facts (in relation to the insult of insult), although the Defendant did not make an insulting speech as stated in each of the facts charged, there is an error of misunderstanding of facts in the judgment of the court below which found the Defendant guilty of each of the facts charged. 2) The punishment of the court below on unreasonable sentencing (hereinafter “fine 1,50,000 won”) is too unreasonable.

B. The prosecutor 1) According to the evidence submitted by the prosecutor of mistake of facts (as to the destruction of and damage to property), although the defendant could have acknowledged the fact that he damaged trees owned by the defendant as stated in this part of the facts charged, the judgment of the court below which acquitted this part of the facts charged is erroneous in the misunderstanding of facts. 2) The above sentence of the court below on unreasonable sentencing

2. Judgment on the Defendant’s assertion of misunderstanding the facts (a point of insult)

A. In light of the contents of the judgment of the court of first instance and the evidence examination conducted by the court of first instance, unless there exist special circumstances to deem that the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or in light of the results of the first instance examination and the results of additional evidence examination conducted by the court of first instance up to the closing date of arguments in the appellate court, maintaining the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance is significantly unfair, the appellate court should not reverse the judgment of the court of first instance on the ground that the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance is different from the judgment of the appellate court (see, e.g., Supreme Court Decision 200

The lower court found the Defendant guilty of all of the facts charged on the ground that the statement mentioned in the facts charged in the instant case was reliable after directly examining the victim as a witness at the scene of the instant crime.

Modern, this Court is a new one.