The prosecutor's appeal is dismissed.

1. The court below's judgment that acquitted the defendant on the ground of appeal is erroneous in misunderstanding of facts, since the statement by H to the effect that the defendant was able to unsatisfy the chest part in both hands, and thus has credibility.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of the statement of a witness in the first instance, the first instance court shall not reverse the first instance court’s decision without permission, on the grounds that the first instance court’s decision on the credibility of the statement made by a witness in the first instance is different from the appellate court’s decision, in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or that the first instance court’s decision on the credibility of the statement made by a witness in the first instance is clearly erroneous in light of the evidence duly examined by the first instance court, or that the first instance court’s decision on the credibility of the statement made by a witness in the first instance is clearly unreasonable in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court

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

(see, e.g., Supreme Court Decision 2009Do14065, Mar. 25, 2010). The lower court rejected the credibility of H and C’s statements supporting the facts charged among the statements made by the witnesses of the lower court, and recognized the credibility of the Defendant’s statements made by D, E, and F, consistent with the Defendant’s defense.

In this case, in light of the contents of the judgment below and the evidence duly examined in the court below, the credibility of the witness's statement in the court below.