The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the defendant who misleads the facts) stated to the effect that his grounds for appeal are groundless on the grounds of appeal clearly stated on the date of the first trial of the trial of the first instance.)

A. The written diagnosis of injury to the victim was issued at E Hospital on August 23, 2016, the volume of one month after the date of the occurrence of the case, and the treatment period stated in the relevant written diagnosis was limited to the ordinary treatment period required when the victim suffered from the medical diagnosis, and the above hospital’s doctor confirmed that the victim was dead on August 23, 2016, it cannot be deemed that the injury suffered by the victim was caused by the Defendant’s act.

In addition, in light of the fact that the consistency of the victim's statement is reduced, the credibility of the victim's statement is not recognized.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by mistake of facts.

2. Determination

A. In determining the credibility of a statement after the first instance court proceeded with the witness examination procedure, not only is it consistent with the rationality, logic, inconsistency, or rule of experience of the content of the statement itself, but also is consistent with the witness evidence or third party’s statement in the witness examination protocol, such as the appearance, attitude, and penology of the witness who is going to the witness statement in the open court after being sworn before a judge, and the witness statement in the witness examination protocol, such as the penology, appearance of the statement, shall be evaluated by directly observing all the circumstances that are difficult to record.

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