A. The victim’s head was not determined due to mistake of facts.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence conducted by the time the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unreasonable, the appellate court should respect the determination on the credibility of the statement made

(1) The court below convicted the Defendant of the facts charged of this case on the following grounds: (a) the court below convicted the Defendant of the credibility of the aforementioned testimony by taking account of other evidence duly admitted and examined in the testimony after having finished the direct examination of evidence, such as the process of examining the witness with respect to E, F, G, etc.; and (b) the court below convicted the Defendant of the facts charged of this case by taking account of other evidence duly admitted and examined in the testimony. The court below’s determination of credibility

Therefore, the defendant's assertion is without merit, since it seems that the judgment is remarkably improper.

B. In full view of the records of the instant case of unfair sentencing and all the sentencing conditions indicated in the arguments, the lower court’s sentence is too unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per