The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

Although the Defendant prepared and submitted a written accusation identical to the facts charged in this case, the contents of the written accusation do not constitute a false accusation since they did not prepare and submit a false written accusation, the judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous by misunderstanding the facts and thereby adversely affecting the judgment.

Imprisonment with labor (eight months) imposed by the court below on the defendant is unreasonable.

Judgment

Considering the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance in light of the substance of the first instance judgment and the evidence duly examined by the first instance court, unless there exist special circumstances to deem that the first instance court clearly erred in the determination of the credibility of a statement made by a witness of the first instance in light of the content of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s decision on the credibility of a statement made by a witness of the first instance court in full view of the results of the first instance court’s evidence examination and the results of additional evidence examination conducted until the time of closing argument in the appellate court, the appellate court shall not reverse the first instance judgment on the ground that the first instance judgment on the credibility of

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006). The court below directly observe all the circumstances, such as the witness F, H, G, J, J, K, L, and M, in relation to the instant non-criminal conduct, following the witness examination procedure for the witness F, H, G, K, K, L, and M, and whether it conforms to the rationality, logic, contradiction, or rule of experience of the statement itself, and whether it conforms to physical evidence. After taking an oath in the presence of a judge, the court below directly observe all the circumstances, such as the witness’s appearance, attitude, and statement, and the penance of the statement in the open court after taking an oath.