All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 had no misunderstanding of the fact that he was the victim’s snow due to his knick seat.

2) The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. In light of the contents of the judgment of the first instance court and the evidence duly examined in the first instance trial in accordance with the spirit of the substantial direct trial principle adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the first instance judgment on the credibility of the statement made by the witness of the first instance trial was clearly erroneous in the determination of the lower court.

Unless there are extenuating circumstances to see the credibility of a statement made by a witness of the first instance trial and the result of an additional examination of evidence by the time the appellate trial ends, the appellate court shall respect the first instance judgment on the credibility of a statement made by a witness of the first instance trial (see, e.g., Supreme Court Decision 201Do5313, Jun. 14, 2012). In addition, in cases where the statements made by a witness of the first instance court are consistent with the main parts of the statement made by a witness, the credibility of the statement is not arbitrarily denied solely on the ground that it is somewhat inconsistent with the statement made by a witness of the first instance trial (see, e.g., Supreme Court Decision 2007Do10728, Mar. 14, 2008). The Defendant asserted to the same purport. The lower court also argued to the same effect.

The court below held that the statement by the victim that the defendant's knife has reached the left side of the victim due to the knife can be relatively consistent and reasonable, including the statement about the previous situation, and was at the scene at the time of this case.

G and H There is a fact that the defendant was able to find the victim's snow with his/her fingers.

The above two persons made a false statement as the first person at the time of the defendant.