The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. Although there is a fact that the Defendant, by putting a entangled with the victim, has lost the center of each other, the Defendant did not support the victim’s left side part of the victim’s breath, which dried up or was used on the floor.

B. The lower court’s sentence is too unreasonable and unreasonable.

2. Determination

A. When determining the credibility of a statement after the first instance court initially conducted the examination procedure for the examination of a witness, the determination of the credibility of the statement should be made by taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is going to make a statement in the open court, and the penance of the statement, as well as whether it conforms to the rationality, logic, morality, or rule of experience in the statement itself, and whether it conforms to other evidence.

On the other hand, the appellate court's judgment on the credibility of the statement made by the witness of the first instance court is, in principle, based on the records including the witness examination protocol. Therefore, it is difficult to reflect the witness's appearance, attitude, penology, and statement in the evaluation at the time of making a statement that can be seen as one of the most important elements when determining the credibility of the statement.

In light of such circumstances, the first instance court’s determination on the credibility of a witness’s statement made by the first instance court is clearly erroneous, or the first instance court’s determination on the credibility of a witness’s statement made by the first instance court is deemed significantly unreasonable, in light of the content of the first instance judgment and the evidence examination conducted by the first instance court, and the first instance court’s determination on the credibility of a witness’s statement made by the first instance court and the additional evidence examination results by the time the witness’s statement was concluded in the appellate court.