Although the court below which acquitted the defendant, there is an error of mistake of fact in the judgment of the court below.

2. In light of the content of the judgment of the first instance and the evidence duly examined by the first instance court, the first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in the determination.

Unless there exist special circumstances to view that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is significantly unfair, or in light of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall not reverse without permission the first instance judgment on the grounds that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s determination.

In particular, in a case where the first instance judgment rejecting the credibility of the witness’s statement supporting the facts charged is followed, it should be said that there are sufficient and adequate circumstances acceptable in light of the presumption of innocence and the principle of the burden of proof (see, e.g., Supreme Court Decision 2009Do14065, Mar. 25, 2010). According to the evidence duly adopted and investigated by the lower court, various circumstances recognized in the “2. Judgment” are just and acceptable.

Also, various circumstances asserted by the prosecutor on the grounds of appeal are already revealed at the trial of the original court, which are sufficiently reflected in the judgment of the original court.

shall not be inconsistent with or inconsistent with the facts recognized.

another.