A. The Defendant was not aware of the fact that he had committed the crime of aiding and abetting the victim.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. On August 23, 2015, the Defendant: (a) made the instant facts charged that the Defendant would get off to C, one’s own her her her her her her her her her her mother in the Simar Park Dong-dong, Busan, Busan, on August 16, 2015; and (b) made the victim D (the age of 63) who was her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers

2) The lower court determined that the Defendant could sufficiently recognize the fact that the Defendant had a victim in a field at the time, following the statement by the assent of the victim, C, E, F, and G at the time.

Based on the judgment of the court below, the charged facts of this case were convicted.

3) On the basis of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of the substantial direct trial principle adopted by the Korean Criminal Procedure Act as one of the elements of the trial-oriented principle, the first instance court’s judgment was clearly erroneous in its determination on the credibility of the statement made by the witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, and the evidence duly examined by the first instance court.

Unless there are extenuating circumstances to see that maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance court is significantly unfair, or in exceptional cases where it is deemed that the first instance judgment on the credibility of the statement made by the witness of the first instance court is remarkably unfair, the appellate court shall make a first instance judgment on the credibility of the statement made by the witness of the first instance court.