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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the defendant's act of friendly with small and large sized sized sized sized sized sized sized sized sized sized sized sized sized sized sized sized sized sized sized sized sized sized sized sized sized sized Mahs which is close to the victim's return is recognized as having caused the victim's physical pain, and thus, the defendant'
2. In light of the contents of the judgment of the court of first instance and the evidence examined by the court of first instance, if there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or if the first instance court’s maintenance of the first instance judgment on the credibility of the statement made by a witness of the court of first instance is not deemed considerably unfair considering the results of the first instance examination and the results of additional examination by the time of closing the argument in the appellate trial, the appellate court should not reverse the first instance judgment solely on the ground that the first instance judgment on the credibility of the statement made by the witness of the court of first instance differs from the appellate court’s judgment (see Supreme Court Decision 2018Do1748, Jul. 24, 2019). (1) The lower court is recognized as evidence consistent with the facts charged in the instant case, but it is not consistent with the witness’s view that the Defendant started to adopt a small or large number of times and duration, the Defendant’s location and distance between the victim and the evidence duly present.