A. The court below convicted the defendant of this part of the facts charged on the sole basis of the statement of D without credibility although the defendant merely committed a assault against D, and even though he did not commit a assault against D, the court below erred by misapprehending the facts in violation of the rules of evidence and thereby affecting the conclusion of the judgment.

B. The punishment (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. 1) In light of the contents of the first instance judgment regarding the principle of court-oriented trial and the principle of direct examination, and the evidence duly examined by the first instance court, the first instance court's determination on the credibility of the statement made by the witness of the first instance was clearly erroneous, or there are exceptional cases where it is deemed that maintaining the first instance court's determination on the credibility of the statement made by the witness of the first instance court is considerably unfair considering the result of the first instance court's examination and the result of additional examination of evidence by the time of closing argument in the appellate court, the appellate court shall not reverse without permission the first instance court's determination on the credibility of the statement made by the witness of the first instance solely on the ground that the first instance court's determination on the credibility of the statement differs from the appellate court's determination (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). The lower court, in light of the above legal principles, examined the evidence of the victim's witness evidence and found D's credibility.