The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, as in the facts charged, did not dump the victim’s breath to the upper bed.

B. The punishment of the first instance of unfair sentencing (2 million won of fine) is too unreasonable.

2. Determination:

A. In the appellate trial, the prosecutor of the amendment of the indictment at the appellate trial applied for the amendment of the indictment to the effect that “as of November 14, 2015, around 20:40” the date and time of the crime was changed to “as of November 14, 2015,” and this court permitted the amendment.

However, although the form of the amendment procedure is withdrawn, it is difficult to see that the object of the trial is changed to the extent that it affects the defendant's exercise of his/her right to defense, and its substance is just correct error or error in the indictment, and it is reasonable to see that it falls under the correction

Therefore, the subject of the judgment of this court is still the same as the subject of the judgment of the first instance.

B. In light of the content of the first instance court’s decision on the assertion of mistake of facts and the evidence duly examined in the first instance court, if there are special circumstances to deem that the first instance court’s decision on the credibility of a statement made by a witness of the first instance was clearly erroneous, or if the first instance court deems that maintaining the first instance court’s decision on the credibility of a statement made by a witness of the first instance is considerably unfair considering the results of the first instance court’s examination and the results of additional examination of evidence not later than the time of closing argument in the appellate court, the appellate court shall not reverse the first instance judgment solely on the ground that the first instance court’s decision on the credibility of a statement made by a

In particular, in the case of evidence supporting the facts charged, the first instance court, which directly observed the appearance and attitude of the witness who is involved in the testimony while proceeding the witness examination procedure, cannot recognize the credibility of the witness's statement.