All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1 did not have intention to commit murder. Nevertheless, the lower court convicted the Defendant of misunderstanding of facts against the victim’s statement without credibility. 2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. 1) In light of 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 contents of the first instance judgment and the evidence duly examined in the first instance court, unless there exist special circumstances to deem that the first instance court clearly erred in its determination on the credibility of a statement made by a witness of the first instance in light of the contents of the first instance judgment and the evidence duly examined in 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 considerably unfair, the appellate court should not reverse without permission the first instance court’s determination on the ground that the first instance court’s determination on the credibility of a statement made by a witness of the first instance differs from the appellate court’s determination (see Supreme Court Decision 2010Do3846, Jun. 24, 2010). In light of the form and attitude of the victim when the victim appears in the court of the lower court and appears to have credibility of the victim’s statement and the facts charged.

However, even if the court below duly adopted and examined the evidence, it cannot find exceptional reasons to recognize the credibility of the victim's statement even after closely examining the evidence, and the court below's fact-finding is recognized as the facts charged of this case.