The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant did not prepare a false copy of the statement about D and E by the public officials of the Hongcheon-gun Office, but only recognized the credibility of the statement by the public officials of the Hongcheon-gun Office, and found the Defendant guilty of a false accusation, which affected the conclusion of the judgment by misunderstanding the facts and misunderstanding the facts.

2. 1) In determining the credibility of a statement following the examination procedure conducted by the first instance court of the relevant legal doctrine, the credibility of the statement should be assessed by taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penology of the statement, and the penology of the statement, which are hard to record in the witness examination protocol, after being sworn in the presence of a judge.

On the other hand, the appellate court's determination of credibility of the statement made by the witness in the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol in principle. Thus, in determining credibility of the statement, there is an essential limitation that the appearance and attitude of the witness at the time of the statement that can be called one of the most important elements in determining credibility of the statement can not be reflected in the evaluation of credibility.

Considering the difference between the methods of evaluating credibility between the first instance court and the appellate court, the first instance court’s judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court.

It is remarkably unfair to maintain the first instance judgment on the credibility of the statement made by the first instance court witness, in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial proceedings.