In relation to the use of violence, there is no fact that the defendant's hand preventss the victim D from suffering by his/her hand, but there is no fact that he/she committed an assault, such as when he/she takes face or she takes ear as stated in the facts charged.

Nevertheless, since the court below found all of the facts charged guilty, the court below erred by misapprehending the facts.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court’s first instance trial.

Unless there are extenuating circumstances to see that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is significantly unfair, or in full view of the results of the examination of evidence conducted by the court of first instance and the results of the additional examination of evidence until the closing of pleadings at the appellate court, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). (b) The defendant asserted the same as the grounds for appeal at the lower court, and the lower court rejected the above assertion based on the specific statement made by the victims who correspond to the facts charged and the statements made by witnesses supporting the above judgment. In line with the records and records, the lower court’s judgment is just and acceptable.

The victims are specifically and consistently involved in the investigation agency and the court of original instance, and the facts of assault by the defendant.