A. Defendant 1) did not have committed a mistake of facts against the victim. If the victim’s statement was made, it is difficult to understand that the Defendant, even though he was aware that the victim followed a considerable distance, did not assault the victim in order to prevent the victim from leaving away or driving away, and it is also difficult to understand additional assaulting the victim in front of his father’s view. The Defendant’s testimony, his father, also conforms to the Defendant’s statement. 2) The Defendant was in a state of mental and physical disability at the time

3) The lower court’s sentence against the Defendant of unreasonable sentencing (four months of imprisonment) is too unreasonable. B. The prosecutor (the lower court’s above sentence against the Defendant of unjust sentencing) is too uneasible and unfair.

2. Determination on the grounds for appeal

A. Considering the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, unless there exist special circumstances to deem that the first instance court clearly erred in the credibility of a statement made by a witness of the first instance court 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 decision on the credibility of a statement made by a witness of the first instance court in full view of the results of the first instance court’s evidence examination and the results of additional evidence examination by the time of closing argument in the

(see, e.g., Supreme Court Decision 2008Do7917, Jan. 30, 2009; Supreme Court Decision 2017Do7871, Mar. 29, 2018). A victim has consistently stated the circumstances during which he/she was assaulted by the Defendant from the investigation stage to the court below’s trial. G, the father of the Defendant, is the Defendant at the court below’s trial.