A. The Defendant did not assault the victim by mistake of facts and misapprehension of the legal doctrine, and instead police officers make a false statement.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. Determination 1 on the assertion of misunderstanding the facts and misapprehension of the legal doctrine) In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of a statement made by a witness of the first instance trial was clearly erroneous.

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 further examination of evidence conducted by the time when the appellate trial is closed down, the appellate court shall respect the first instance judgment as to the credibility of the statement made by the witness of the first instance trial (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). 2) The lower court found the Defendant guilty of the facts that the Defendant assaulted the victim by taking full account of the evidence duly adopted and examined, including the evidence duly adopted and examined by the witness E and F, etc.

In full view of the legal principles as seen earlier and the evidence duly admitted and examined by the lower court, the lower court’s determination is justifiable and does not seem to have any exceptional circumstance to alter the judgment on the credibility of the legal statement adopted by the lower court as evidence of guilt.

In the judgment of the court below, there is an error of law by misunderstanding facts or by misapprehending legal principles as alleged by the defendant.

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

First, the victim E, from the investigative agency to the court of the court below, was assaulted by the defendant, and the defendant's speech and behavior at the time and the defendant were arrested in the act of crime.