In determining the facts, the court below found the defendant guilty on the basis of the defendant's and A's statement that is not reliable. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

The punishment sentenced by the court below of unfair sentencing (two months of imprisonment, two years of suspended execution, two years of community service, 160 hours) is too unreasonable.

With respect to the credibility of A’s statement on the Defendant’s assertion of mistake, the appellate court shall 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 is different from the appellate court’s judgment. However, there are special circumstances to deem that the first instance judgment on the credibility of the statement made by the witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by the witness of the first instance was clearly erroneous, taking into account the result of the first instance trial’s examination and the result of additional examination of evidence conducted by the time of the closing of argument in the appellate court, it is not clearly unfair to maintain the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2008Do7462, Nov. 30, 2009) and the following circumstances acknowledged by the lower court’s lower court based on the evidence duly admitted by the Defendant and the second instance judgment.