A. The defendant did not assault the victim.

Nevertheless, the court below recognized that the defendant committed assault against the victim based on the statements of the victim and G with no credibility. The court below erred by misapprehending the facts as to the establishment of the crime of assault.

B. The sentence imposed by the lower court on the Defendant (a fine of KRW 700,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The relevant legal principles are one of the elements of the public trial-oriented principle that the formation of conviction and innocence against the substance of a criminal case ought to be based on a trial in the court. The court-oriented principle adopts the substantial direct trial principle that the evidence directly examined in the presence of a judge can only be the basis of a trial, and the original evidence near the facts subject to proof should be the basis of a trial, and the use of a substitute for the original evidence should not be permitted in principle. This is intended to enable a judge to form a new and accurate conviction on the case through the method of directly investigating the original evidence in the court, while giving the defendant an opportunity to directly state his/her opinion on the original evidence, thereby enabling the discovery of substantial truth and realizing a fair trial.

Therefore, the court presiding over the criminal procedure should be able to realize the above substantial and complete spirit of the principle of direct cross-examination in the court of first instance, which is the principle procedure in which the parties’ allegations and evidence examination are conducted, focusing on the court in the process of the criminal procedure and the trial process.

In order to determine the credibility of the statement after the first instance court conducted the examination procedure, the statement itself conforms to the rationality, logic, morality or rule of experience, or evidence or a third party's statement.