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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) has not stolen the original part of this case.
The testimony of witnesses of the court below is not contradictory or consistent with each other, and it is impossible to commit a crime or proven that the defendant is aware of the date presumed to be based on the witness's statement.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. The degree of the formation of a conviction in a criminal trial must be such that there is no reasonable doubt, but to the extent that it is not required to exclude all possible doubts, and rejection by causing a suspicion of having probative value without reasonable grounds is not allowed as exceeding the bounds of the principle of free evaluation of evidence.
Therefore, the credibility of a witness’s statement is not readily denied solely on the ground that the witness’s statement is consistent (see, e.g., Supreme Court Decision 94Do1335, Sept. 13, 1994). If the witness’s statement is consistent in the main part of the statement, it is somewhat inconsistent with the statement concerning other minor matters.
(2) The court below’s determination on the credibility of a witness’s statement in light of the contents of the court below’s decision and the evidence duly admitted in the court below’s decision, or the court below’s determination on the credibility of a witness statement in light of the following: (a) there are extenuating circumstances to deem that the court below clearly erred; or (b) the court below’s determination on the credibility of a witness statement in light of the evidence duly admitted in the court below’s decision and the evidence duly admitted in the court below’s decision and the court below’s determination on the credibility of a witness statement in the court below’s decision based on the evidence examination result and additional evidence examination result conducted by the court below until the closing of arguments in the court