A. The Defendant, as stated in the facts charged of this case, did not have inflicted an injury on the victim by assaulting the victim.

B. The sentence of the lower court that is unfair in sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility of the assertion of mistake of facts, the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court.

Unless there exist special circumstances to view 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 first instance examination and the results of further examination of evidence conducted until the closing of the appellate trial, 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 a statement made by a witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2010Do3846, Jun. 24, 2010). In light of the above legal principles, the lower court and the first instance court were duly adopted and examined based on the evidence duly adopted and examined by the court below, namely, ① the victim was removed from the entrance to the upper court in the process of making a bridge with the Defendant snicking, pushingly and pushedping with each other from the investigation agency to the court of the lower court.

The following facts are consistently stated: (i) E even having observed the scene from the investigative agency to the court of original trial; (ii) there is no other circumstance in which the defendant has consistently stated to the same purport as the victim; and (iii) the victim is in the blue blue of arms that requires treatment for approximately 14 days from the glue capital and the glue capital in Ulsandong-gu, Ulsandong-gu, the same seal.