The defendant's appeal is dismissed.

1. The summary of the grounds for appeal does not inflict any injury on the victim by taking the victim's timber therein;

2. In light of 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 court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s decision on the credibility of a statement made by a witness of the first instance court is significantly unfair considering the results of the first instance court’s examination and the results of additional evidence examination conducted until the closing of argument in the appellate court, the appellate court should not reverse without permission the first instance court’s decision on the grounds that the first instance court’s decision on the credibility of a statement made by a witness of the first instance is different from the appellate court’s decision (see Supreme Court Decision 2011Do5313, Jun. 14, 2012). In light of the above legal principles, the defendant, in light of the foregoing, was found to have clearly erroneous in the first instance judgment, or the court below determined that he/she was guilty of the credibility of the statement made by a witness of the first instance court.

Examining the reasoning of the lower judgment in comparison with the evidence duly admitted and examined by the lower court, the lower court’s determination that each of the statements made by B and C was credibility was clearly erroneous.

There is no special circumstance to deem that maintaining the judgment of the court below on the credibility of the statement or its credibility, etc. is significantly unfair, and the court below's above.