A. Fact-misunderstanding, misunderstanding of legal principles, the Defendant used his arms at the center in the process of suffering from a disease, and did not commit any assault against the victim, and even if the victim was suitable for the bags cited by the Defendant in the process, there was no intention to assault the victim.

B. The punishment sentenced by the lower court (the penalty amounting to KRW 500,000) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of the statement made by the witness of the first instance court, the first instance judgment was clearly erroneous in determining the misunderstanding of facts and the legal doctrine, taking into account the difference between the method of evaluating the credibility of the statement made by the witness of the first instance court, in accordance with the spirit of the substantial direct trial principle adopted by the Criminal Procedure Act

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 further examination of evidence conducted by the court of first instance until the closing of pleadings, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the appellate court’s judgment (Supreme Court Decision 201Do5313 Decided June 14, 2012). The court below did not submit new materials that could affect the formation of the conviction in the first instance trial, and the court below did not comply with the rationality, logic, and inconsistency with the rule of law, or the compliance with other evidence, or the appearance, attitude, and penion of the witness’s statement made by the witness of the first instance court in the open court, thereby making it difficult for the appellate court to directly observe the facts charged in the first instance trial and make it difficult to obtain the victim to directly observe the witness examination.