A. The Defendant did not agree by mistake of facts and misunderstanding of legal principles that the victim knife the knife or walk the part of the victim’s knife as stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s assertion of mistake of facts and misapprehension of legal principles, the Defendant also asserted the same purport, and the lower court did not accept the Defendant’s assertion, on the grounds that there are no extenuating circumstances to suspect the credibility of C’s legal statement that conforms to the facts constituting the crime, and there is no special reason for the witness to make a statement unfavorable to the Defendant. Therefore, in full view of the reliable witness’s statement in the court and other evidence

Considering the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with 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 judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s determination on the credibility of a witness’s statement made by the first instance court in light of the first instance court’s results of 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 without permission the first instance court’s determination on the grounds that the first instance court’s determination on the credibility of a witness’s statement made by the first instance court differs from the appellate court’s determination (see, e.g., Supreme Court Decision 2016Do5412, Jun. 15, 2018).