The judgment below

Of them, the part against Defendant A shall be reversed.

A defendant shall be punished by imprisonment for six months.

Defendant of the Prosecutor.

1. Summary of grounds for appeal;

A. The sentence of the court below (unfair sentencing) against Defendant A (the imprisonment of 8 months, the suspension of execution of 2 years, the observation of protection) is too unhued and unfair.

B. In light of the consistent and specific purport of the victim’s statement as to Defendant B’s part of the Defendant’s participation (misunderstanding of facts), the charge against the Defendant was proven without reasonable doubt.

Although the court below which acquitted the defendant, there is an error of mistake of facts.

2. Determination

A. The Defendant’s judgment on Defendant A paid KRW 50 million to the victim; equity with the case where the judgment was rendered at the same time as the judgment became final and conclusive is favorable to the Defendant.

However, in full view of the circumstances such as the fact that the crime of this case is most likely to have a substantial relationship with G and the nature of the crime is not good, that there is no agreement with the victim, that there is a record of punishment for the same kind of crime, and other various sentencing conditions in the records, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the court below's punishment seems to be somewhat uneasible and unfair. Thus, the prosecutor's assertion is reasonable.

B. In light of the content of the judgment of the first instance court as to Defendant B and the evidence duly examined by the first instance court, the first instance court’s judgment as to the credibility of the statement made by the first instance witness was clearly erroneous.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of the statement made by the witness of the first instance trial, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall make a first instance judgment on the credibility of the statement made by the witness of the first instance trial.