All of the appeals by prosecutors are dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal (misunderstanding of each fact), the credibility of the victim Q’s statement can be acknowledged. As such, the Defendants’ damage the victims’ feed banks as stated in the instant facts charged, and at the same time interfere with the victims’ farming operations.

2. Determination

A. Considering the difference between the first instance court and the appellate court’s method of evaluating credibility in light of the spirit of substantial direct deliberation, the first instance court’s judgment on the credibility of the statement made by the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined by the first instance court.

Unless there are extenuating circumstances to view that maintaining the first deliberation decision on the credibility of a statement made by a witness of the first instance court is significantly unfair, or in full view of the results of the first examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court shall not reverse without permission the first deliberation decision on the sole ground that the first deliberation decision on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s judgment.

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 recognize the credibility of the witness's statement following it.

In order to determine the credibility of the statement, the first deliberation decision rejecting the credibility of the statement should be a case where sufficient and understandable circumstances arise (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). (B) The prosecutor also asserted the same purport as the grounds for appeal, and the lower court, on the following grounds.