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The Defendants’ appeal is dismissed.
Reasons
1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);
A. The Defendants were not guilty of having raped the victim G as stated in the facts constituting the crime in the lower judgment.
B. The sentencing of the lower court (an order to complete sexual assault treatment programs with three and forty hours of imprisonment) is too unreasonable even if it is found that the Defendants’ act of sentencing was guilty.
2. Determination
A. Determination on the assertion of mistake of facts 1) In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in the first instance judgment in light of the contents of the first instance judgment and the evidence duly examined by the first instance court.
Unless there are extenuating circumstances to see the credibility of the statement made by a witness of the first instance trial and in full view of the results of the examination of evidence conducted by the court of first instance and the results of further examination of evidence conducted by the court of first instance until the closing of pleadings, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by a witness of the first instance court is different from the appellate court's judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). In the criminal trial proceedings conducted in the form of a citizen's participation in the trial conducted to enhance the democratic legitimacy and trust of the court, collective opinions presented to the appellate court on the recognition of facts are to help a judge have the right to make a decision on the cooking of evidence and fact-finding under the substantial direct deliberation principle and court-oriented principle, and thus, the court of first instance has the effect of recommending the jury to make a decision.