All judgment of the court below shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Defendant

G is not guilty. Defendant G.

1. Summary of grounds for appeal;

A. Defendant A (the first judgment of the lower court, the unreasonable sentencing judgment)’s punishment on Defendant A is too unreasonable.

B. The prosecutor (the second judgment, misunderstanding of facts, and misunderstanding of legal principles) inflicted an injury upon the Defendant G at the time of A and J.

2. In full view of all the sentencing conditions shown in the records and arguments of this case against Defendant A, and the fact that Defendant A did not have any criminal record of the same kind of imprisonment without prison labor or any heavier punishment but has been deposited for the victim at the time of the trial and that the depth has been divided, the above Defendant’s above punishment against the above Defendant is too unreasonable, and thus, the above Defendant’s assertion is justified

3. As to Defendant G

A. In the trial of the competent court, the ex officio determination prosecutor applied for the amendment of the indictment to change the phrase “alleys section” in Paragraph (1) 8 of the facts charged in this case to “a narrows section on the left side”, and the court was partly changed by granting permission. As such, the second judgment of the lower court on Defendant G was no longer maintained.

B. (1) On the grounds for appeal by the prosecutor, the prosecutor’s argument of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment by the court. Therefore, in light of the spirit of 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 the witness of the first instance court is clearly erroneous, or there are special circumstances to deem that maintaining the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is remarkably unreasonable, taking into account the results of the first instance court’s examination and the results of additional evidence examination conducted until the closing of argument by the time of closing of argument, the appellate court shall respect the determination on the credibility of the statement

(See Supreme Court Decision 2006Do4994 delivered on November 24, 2006, etc.). (2) The lower court is A.