2. 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 the statement made by the first instance witness 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). The lower court found the Defendant guilty of assaulting C by taking account of the relevant evidence duly adopted and investigated by the witness C and D, including each legal statement, etc.

Examining the judgment of the court below in comparison with the records, the above judgment of the court below is justifiable, and otherwise, there is no exceptional circumstance to alter the judgment of the court below as to the credibility of each legal statement of the witness C and D of the court below.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.