All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

B. As to the facts of the crime No. 2 as indicated in the judgment of the court below, Defendant B did not inflict any injury upon the victim G at the date and place indicated in the facts of the crime, and only Defendant A told that the above G was charged.

However, the lower court erred by misapprehending the fact that the lower court found Defendant B guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility according to the spirit of substantial direct deliberation adopted by the Criminal Procedure Act as one of the elements of the trial-oriented principle, the first instance court’s judgment on the assertion of mistake of facts in Defendant B was clearly erroneous in the first instance judgment on the credibility of the statement made by the 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.

Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of the additional examination of evidence by the time when the court of first instance close the pleading, the appellate court shall not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the judgment made by the appellate court (see Supreme Court Decision 2011Do5313, Jun. 14, 2012). Meanwhile, if the statement made by the witness is consistent in the main part of the statement, it is somewhat inconsistent with the statement made by the witness of the first instance court on other minor matters, the credibility of the statement made by the appellate court without permission, solely on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from that of the appellate court.