All appeals filed by the prosecutor against the Defendants are dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) did not guilty of the facts charged, in spite of being injured by each other while disputing both parties, the lower court acquitted the Defendants on the charges.

2. In view of the spirit of substantial direct deliberation under the Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the witness of the first instance trial was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance trial.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings at the appellate court, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s judgment.

In particular, in the case of evidence supporting the facts charged, even though the first instance court, which directly observed the appearance and attitude of the witness who directly observe the witness's statement while proceeding the witness examination procedure, finds it impossible to recognize the credibility of the witness's statement, the appellate court may recognize the credibility of the witness's statement following it.

In order to determine the credibility of the statement, the first deliberation decision rejecting the credibility of the statement must be a case where sufficient and understandable circumstances arise (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). In addition, evidence proving a criminal fact in a single criminal procedure must be presented by the prosecutor, and the same is the same as the defendant's defense is unreasonable and false.

Even if so, it is impossible to make the defendant disadvantageous, and criminal facts are proved to the extent that there is no reasonable doubt by the judge.