A. The defendant does not have committed any act identical to the entries of each crime in the original judgment.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, additional collection 200,00 won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted the same purport, and the lower court rejected the Defendant’s assertion that D’s statement at the lower court court’s trial, consistent with the Defendant’s assertion, cannot be trusted, and rather, D’s statement at the investigation agency at the time of the police investigation, may recognize the fact that the Defendant committed an act identical to the facts stated in each criminal

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 determination on the credibility of a witness’s statement made by the first instance court was clearly erroneous in light of the content 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 determination on the credibility of a witness’s statement made by the first instance court is considerably unreasonable in full view of the results of the first instance’s examination and the results of additional evidence examination conducted by the time of closing the arguments in the appellate court, the appellate court should not reverse without permission the first instance court’s determination on the credibility of a witness’s statement made by the first instance court solely on the ground that the first instance court’s determination on the credibility of a witness’s statement differs from the appellate court’s determination (see, e.g., Supreme Court Decision 2016Do5412, Jun. 15, 2018).