A. The Defendant of mistake of facts did not support the victim’s left side by kneeing, and the victim did not have any injury.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. When considering the difference between the original court and the appellate court’s method of evaluation of credibility in accordance with the spirit of substantial direct examination adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the appellate court should not reverse without permission the lower court’s judgment on the sole ground that the lower court’s determination on the credibility of the statement made by the witness in the original instance is clearly erroneous, in light of the content of the lower judgment and the evidence duly examined by the lower court, or that it is obviously unreasonable to maintain the lower court’s determination on the credibility of the statement made by the witness in the original instance in full view of the results of examination and the evidence duly examined by the lower court, and in exceptional circumstances where it is obviously unfair to maintain the lower court’s determination on the credibility of the statement made by the witness in the appellate court based on the evidence duly admitted and examined by the lower court, as stated in its reasoning, on the grounds that the lower court’s determination on the credibility of the statement made by the witness in the original instance differs from the appellate court’s judgment (see, e.g., Supreme Court Decision 2011Do5313).

The above argument by the defendant cannot be accepted.

B. Unreasonable sentencing.