The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. Although there is a fact that the defendant in mistake of facts made the victim the same remarks as the facts constituting the crime in the judgment of the court below, there is no fact that there is no paper fact and ice fice.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. Although the Defendant alleged the same purport in the lower court’s determination on the assertion of mistake of facts, the lower court determined that the Defendant was also aware of the fact that the Defendant collected drinking water spact and ice spact to the victim by taking account of the following: (a) the victim’s statement is consistent, consistent with the victim’s statement; and (b) the witness G’s statement in the lower court is also inconsistent with the victim’

Considering the difference between the first instance court and the appellate court’s method of evaluating credibility according to the spirit of substantial direct cross-examination adopted by the Criminal Procedure Act, if there are special circumstances to deem that the first instance court’s judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in light of the content of the first instance court’s judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s judgment on the credibility of the statement made by a witness of the first instance court is considerably unreasonable considering the result of the first instance’s examination and the result of additional evidence examination conducted by the time of closing argument, the appellate court should not reverse the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by a witness of the first instance differs from the appellate court’s judgment (see, e.g., Supreme Court Decision 2016Do5412, Jun. 15, 2018). In light of the above legal principles and the evidence duly examined by the lower court, the lower court’s judgment is justified.