The costs of the original judgment and the trial shall be borne by the defendant.

A. The lower court’s judgment that convicted the Defendant (misunderstanding of facts, misunderstanding of legal principles, misunderstanding of sentencing, and misunderstanding of legal principles) (1) of fact, and the Defendant interfered with the performance of duties by police officers, and did not inflict an injury on the victim, despite the absence of any fact that the Defendant inflicted an injury on the victim, despite the suspicion of its credibility as a witness G, F, and I as a member of the victim or the victim, was erroneous in the misunderstanding of facts

(2) The sentence of the lower court (an amount of five million won or more, and the cost of the lawsuit) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. (1) In determining the credibility of a statement after the first instance court conducted the witness examination procedure in the relevant criminal trial proceedings, whether the statement conforms to the rationality, logical contradiction, or rule of experience, or conforms to the third party’s statement, as well as whether the statement itself conforms to the witness’s appearance or attitude, and the penology of the witness who is engaged in the statement in the open court after being sworn before a judge and after being sworn, the witness’s statement in the witness examination protocol, such as the penance of the statement, shall be evaluated as credibility by directly observing various circumstances that make it difficult to record.

On the other hand, the appellate court's determination of credibility of the statement made by the witness in the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol in principle. Thus, in determining credibility of the statement, there is an essential limitation that the appearance and attitude of the witness at the time of the statement that can be called one of the most important elements in determining credibility of the statement can not be reflected in the evaluation of credibility.

In light of the difference between the first instance court and the appellate court's method of evaluating credibility of the testimony of the witness of the first instance court in accordance with the spirit of the direct trial principle adopted by the Korean Criminal Procedure Act, the first instance court is the judgment.