A defendant shall be punished by imprisonment for one year.

A. misunderstanding of facts and misunderstanding of legal principles (related to 2014 Highest 8209) ① The Defendant did not assault F to G to G to G to G to G to G to G to G to G to G to G to G to G to G to G to G to G to G to G to G to G to G

B. The sentencing of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. (1) In light of the difference between the method of evaluating the credibility of a witness’s statement in the first instance court and the appellate court based on the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the appellate court should not arbitrarily reverse the first instance court’s determination on the credibility of a witness’s statement in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or, in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s determination on the credibility of a witness’s statement in the first instance trial based on the results of the first instance court’s examination and the results of additional examination of evidence conducted by the time the witness’s statement was concluded at the time of the closing of arguments in the appellate court (see, e.g., Supreme Court Decisions 2011Do5313, Jun. 14, 2012; 203Do4396, Nov. 24, 2006).

(See Supreme Court Decision 2010Do10256 Decided November 11, 2010, and Supreme Court Decision 2007Do3520 Decided March 26, 2009, etc.). (2) Determination is rendered.