The prosecutor's appeal is dismissed.

1. The court below rejected the summary of the grounds for appeal (in fact-finding) of witness D of the court below on the very high level of credibility, such as consistent statements, and rendered a not guilty verdict of the defendant, which affected the conclusion of the judgment due to mistake of facts.

2. Considering the difference between the first instance court and the appellate court’s method of assessing the credibility of a statement made by a witness of the first instance in light of the substance of the first instance judgment and the evidence duly examined by the first instance court, unless there exist special circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance is remarkably unreasonable in light of the result of the first instance’s examination and the result of additional evidence examination conducted by the time the argument was concluded until the closing of arguments in the appellate court, the appellate court shall not reverse without permission

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 reverse it and determine that the credibility of the witness's statement can be recognized, the first instance court's ruling rejecting the credibility of the witness's statement should be sufficient and acceptable.

(See Supreme Court Decision 2006Do4994 delivered on November 24, 2006). The court below, after clearly explaining the facts or circumstances acknowledged by the evidence of this case, rejected the credibility of the testimony of the witness D of the court below in support of the facts charged, and submitted by the prosecutor.