All appeals filed by the Defendants B and prosecutor are dismissed.

A. According to the evidence submitted by the prosecutor (i.e., the prosecutor), the court below found the Defendants not guilty of this part of the facts charged on the following grounds: (a) although the Defendants could jointly recognize the fact that they inflicted bodily injury upon the victim E

D. The sentence of the court below (Defendant A: imprisonment of six months, suspension of execution of two years, community service 80 hours, violence treatment lectures, Defendant B: imprisonment of four months, suspension of execution of two years, community service hours of 80 hours, etc.) is too unfortunate and unfair.

B. The sentence of the lower court against Defendant B is too unreasonable.

2. Determination

A. In light of the prosecutor’s assertion of mistake in the facts, the first instance judgment on the credibility of the statement made by the witness of the first instance trial was clearly erroneous in its determination, in light of the contents of the first instance judgment and the evidence duly examined by the first instance court.

Unless there are extenuating circumstances to view that maintaining the first deliberation decision on the credibility of a statement made by a witness of the first instance court is significantly unfair, or in full view of the results of the first examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court shall not reverse without permission the first deliberation decision on the sole ground that the first deliberation decision on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment.

In particular, in the case of evidence supporting the facts charged, even though the first instance court, which directly observed the witness's appearance and attitude in the witness's statement while proceeding the witness examination procedure, finds it impossible to recognize the credibility of the witness's statement, the appellate court may reverse it and recognize the credibility of the witness's statement.

In order to judge, the first deliberation decision rejecting the credibility of the statement should be a case where sufficient and understandable circumstances appear.