2. If there are extenuating circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance was clearly erroneous in light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act regarding the grounds for appeal, or where it is clearly unreasonable to maintain the first instance court’s determination on the credibility of a statement made by a witness of the first instance court in light of the results of the first instance court’s examination and the results of additional evidence examination conducted up to the closing of argument in the appellate court, the appellate court shall respect the determination on the credibility of

(See Supreme Court Decision 201Do5313 Decided June 14, 2012, etc.). Comprehensively taking account of the evidence duly adopted and examined by the lower court, it is difficult to see that the lower court’s determination that recognized the credibility of D’s legal statement, which is a valuable evidence supporting the instant facts charged, is insufficient and acceptable, and it is sufficiently acceptable to see that the Defendant inflicted injury upon D when he/she puts his/her left arms as stated in the instant facts charged, and that the lower court’s judgment guilty of the facts charged is just and acceptable, and there is no error of law by misunderstanding the facts.

Therefore, this part of the defendant's assertion is rejected.

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