The prosecutor's appeal is dismissed.

1. The court below erred by misapprehending the legal principles as to the finding of a defendant's grave, despite the recognition of the defendant's willful negligence in finding the defendant's grave.

2. Determination

A. The recognition of conviction of relevant legal principles ought to be based on evidence of probative value, which leads to a judge’s conviction to the extent that there is no reasonable doubt, that the facts charged are true. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it as the benefit of the defendant.

(2) The court below’s determination of the first instance court as to the credibility of the statement made by a witness of the first instance court is clearly erroneous in light of the contents of the first instance court and the evidence duly examined in the first instance court, or the first instance court’s determination as to the credibility of the statement made by a witness of the first instance court is clearly erroneous in light of the contents of the first instance court and the evidence duly examined in the first instance court, except in exceptional cases where it is deemed that maintaining the first instance court’s determination as to the credibility of the statement made by the witness of the first instance court is significantly unreasonable in light of the result of the first instance court’s examination and the evidence duly examined in the first instance court, and the result of additional examination by the time of the closing of argument in the appellate court, the appellate court should not reverse the first instance court’s determination as to the credibility of the statement made by the witness of the first instance court solely on the ground that the first instance court’s determination as to the credibility of the statement made by the witness of the first instance court differs from

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 directly observe the witness's statement while proceeding the witness examination procedure, may not admit the credibility of the witness's statement, but the appellate court may reverse it and determine the credibility of the witness's statement.