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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. (1) Defendant (1) did not possess a knife knife, and had a knife knife knife knife, but did not threaten the victim.
(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly erroneous or, in full view of the results of the first instance’s examination and the results of the further examination of evidence by the time of closing argument in the appellate trial, unless there are exceptional circumstances where maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unreasonable, the appellate court should respect the determination on the credibility of the statement made by the witness of the
(2) On November 24, 2006, the lower court directly examined J and recognized the credibility of the testimony and found the Defendant guilty of the facts charged of this case. There are special circumstances to deem that the lower court clearly erred in its determination of credibility of the testimony.
It is not considered significantly unfair to maintain its judgment as it is.
Comprehensively taking account of the evidence duly adopted and examined by the court below, including the above testimony, the defendant sought a knife on the part of the victim's M and said that the defendant would die of the victim. The defendant's assertion on this part is without merit, since he can be recognized as having a knife of the victim's knife by sticking the knife on the part of the defendant's N and knife on the part of the defendant's N.
B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, this case’s records and records.