2. Determination

A. In light of the content of the first instance judgment and the evidence duly examined in the first instance court, if there are extenuating circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or if it is obviously unfair to maintain the first instance judgment on the credibility of the statement made by a witness of the first instance court based on the results of the first instance court and the results of additional evidence examination by the time of closing argument in the appellate court, the appellate court shall not reverse the first instance judgment solely on the ground that the first instance 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 Decisions 2008Do7917, Jan. 30, 2009; 2013Do5029, Sept. 12, 2013).

The lower court rendered a not guilty verdict on the grounds that it is difficult to deem that there is no reasonable doubt as to the facts charged of this case, based on the following circumstances.

In comparison with records, the judgment of the court below is just and acceptable, and there is no error of mistake of facts.

1 The victim testified in the court of the court below that he suffered the same damage as the facts charged.

However, the above testimony of the victim is not reliable for the following reasons.

① According to the recording records, etc. submitted by the victim, the victim continued to put the defendant at the distance of the road at the time of the instant case, who was 9 years or longer than himself, “A”, and continues to put the defendant at the end of half.