A. The defendant did not commit any act identical to the facts stated in each of the facts stated in the original judgment (as to Article 2 and (3) of the facts stated in the original judgment).

B. The lower court’s punishment (one million won of fine) is too unreasonable, on the whole of the facts constituting an offence in the original judgment).

2. Determination

A. As to the assertion of mistake of facts, the lower court also asserted the same purport, and the lower court did not seem to have any circumstance to suspect the credibility of a witness’s legal statement consistent with the criminal facts paragraph (2), and based on the field recording and CCTV images until the Defendant was arrested as an offender in the act of crime in relation to the criminal facts paragraph (3), and rejected the Defendant’s assertion.

Considering the difference between the first instance court and the appellate court’s method of evaluation of credibility according to the spirit of substantial direct examination adopted by the Criminal Procedure Act, if there are special circumstances to deem that the first instance court’s judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in light of the contents of the first instance court’s judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s judgment on the credibility of the statement made by a witness of the first instance court is considerably unfair in full view of the results of the first instance’s evidence examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court should not reverse the first instance court’s judgment on the ground that the first instance court’s judgment on the credibility of the statement made by a witness of the first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2016Do5412, Jun. 15, 2018).