The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of facts) and the victims’ statement on the grounds that the Defendants and the victims led to the farming of the instant case, the developments leading up to the decline of the victims into the floor of the instant case, and the credibility of the victims’ statement on the situation before and after the commission of the crime, the Defendants jointly committed violence against the victims as stated in the facts charged, without any reasonable doubt.

Nevertheless, the court below accepted the statements of the defendants without credibility and sentenced them not guilty of the facts charged in this case, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a witness’s statement in the first instance court of the relevant legal doctrine, the first instance court’s determination on the credibility of a witness statement made by the first instance court of the first instance was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court.

Unless there are extenuating circumstances to view the credibility of a statement made by a witness of the first instance trial and the result of an additional examination of evidence up to the closing of the appellate trial, the appellate court should not reverse without permission the first instance judgment on the grounds that the first instance judgment on the credibility of the statement made by the witness of the first instance trial is different from the appellate court’s judgment, except in exceptional cases where it is deemed that it is significantly unfair to maintain the first instance judgment on the credibility of the statement made by the witness of the first instance trial.

In particular, if the first trial decision rejecting the credibility of the witness's statement supporting the facts charged is followed, it should be said that there are sufficient and understandable circumstances in light of the presumption of innocence and the principle of criminal burden of proof.

In addition, the democracy of Korea's justice.