The prosecutor's appeal is dismissed.

1. In light of the victim's statement of the summary of the grounds for appeal, the court below found the defendant not guilty on the grounds that the victim's statement was not reliable.

2. In light of the content of the judgment of the first instance and the evidence duly examined by the first instance court, the first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in the determination.

Unless there are extenuating circumstances to view that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is considerably unfair, or the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is considerably unfair, the appellate court should not reverse without permission the first instance judgment solely on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s determination.

In particular, in a case where the first instance judgment rejecting the credibility of a witness’s statement supporting the facts charged is followed, it must be the case where sufficient and understandable circumstances arise in light of the presumption of innocence and the criminal burden of proof (see Supreme Court Decision 2009Do14065, Mar. 25, 2010). In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it is justifiable for the lower court to have acquitted the Defendant on the grounds as stated in its reasoning, and there is no illegality affecting the conclusion of the judgment by misunderstanding the facts of the lower judgment.

(1) A victim made a statement to the effect that he/she had a blood transfusion to the extent that he/she ought to cut off the face of the victim and the skin after having taken the face of the victim on his/her drinking (the 7th page of the investigation records and the trial records 119 pages). At that time, the victim sent to the hospital after receiving a report of 119 as at that time.