The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the consistent statements made by the victim of the mistake of facts and relevant evidence, the defendant can be found to have found the defendant's face at his/her hand twice.

Nevertheless, the lower court acquitted the Defendant of the part of the facts charged by misunderstanding the fact that the Defendant was guilty of the victim’s face.

B. The sentence sentenced by the lower court is too uneasible and unfair.

2. Determination

A. In light of the fact that the method of evaluating the credibility of a statement made by a witness of the first instance trial on the assertion of mistake of fact is an essential difference between the first instance court and the appellate court, and the purport of the substantial direct deliberation adopted by our Criminal Procedure Act, the first instance court’s judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in the first instance judgment 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 a statement made by a 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, who directly observed the witness's appearance and attitude while proceeding the witness examination procedure, judged that it is impossible to recognize the credibility of the witness's statement, the appellate court may reverse it and recognize the credibility of the witness's statement.

In order to determine the credibility of the statement, the first hearing decision rejecting the credibility of the statement is not acceptable and sufficient.