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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The victim of mistake of facts did not go beyond the victim.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Determination
A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence not later than the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court should respect the determination on the credibility of the statement made
(2) On November 24, 2006, the lower court found the Defendant guilty of the facts charged in this case by recognizing the credibility of D’s legal statement and rejecting the F’s credibility of the F’s legal statement after directly examining D, F, etc. (see, e.g., Supreme Court Decision 2006Do494, Nov. 24, 2006). There are special circumstances to deem that the lower court clearly erred in determining the credibility of each of the above testimony.
It is not considered significantly unfair to maintain its judgment as it is.
Witness
In full view of D’s legal statement and the evidence duly admitted and examined by the court below, the defendant can be found to have carried the victim into blue with hand and arms, so this part of the defendant’s assertion is without merit.
B. In full view of the various sentencing conditions and the fact that there is no agreement with the victim as indicated in the records and arguments of the instant case of unfair sentencing, the lower court’s punishment is too unreasonable.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.