Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. (1) The Defendant did not threaten the victim of special intimidation, and did not take the police officer’s desire.

B. The sentence of unfair sentencing (one-month imprisonment, two-year suspension of execution, one-year probation) of the lower court is too unreasonable.

B. The judgment of the court below that acquitted the defendant on the facts charged, although the prosecutor's (i.e., mistake of facts victim's statement or other evidence submitted by the prosecutor sufficiently recognizes the defendant's property damage and the criminal intent for such damage, is erroneous in the misapprehension of facts,

Dob. The sentence of the lower court on unreasonable sentencing is too uneasible and unfair.

2. In determining the credibility of a statement after the first instance court proceeded with the witness examination procedure in the criminal trial procedure for determining the defendant's assertion of mistake, not only is it consistent with the rationality, logic, morality or rule of experience in the contents of the statement itself, but also is consistent with the witness evidence or third party's statement in the witness examination protocol, such as the appearance or attitude of a witness who is going to the witness statement in the open court after being sworn before a judge, and the penance of the statement, which is difficult to record in the witness examination protocol, should be evaluated as credibility by directly observing various circumstances that are difficult to record.

On the other hand, the appellate court's determination of credibility of the statement made by the witness of the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol in principle, so it has an essential limitation that the appearance and attitude of the witness at the time of the statement that can be considered one of the most important elements in determining credibility of the statement can not be reflected in the evaluation of credibility.

Considering the difference between the first instance court and the appellate court's method of evaluating credibility of the testimony of the witness of the first instance court in accordance with the spirit of the principle of direct examination adopted by the Korean Criminal Procedure Act, the first instance court is judged.