A. The fact that the defendant misunderstanding the fact was faced with the victim on the day of the instant case is the fact that the victim exceeded the victim.

However, in consideration of the following circumstances, the Defendant had the intent to commit assault.

Although it is difficult to see it, the judgment of the court below which pronounced the defendant guilty is erroneous by mistake.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Considering the difference between the method of evaluating the credibility of the first instance trial and the appellate trial based on the spirit of substantial direct deliberation, the first instance judgment was clearly erroneous in its determination on the credibility of the statement made by the first instance court in light of the content of the first instance judgment and the evidence duly examined in the first instance trial.

Unless there exist extenuating circumstances to view that maintaining the first instance court’s decision on the credibility of a statement made by a witness of the first instance court is significantly unfair, or comprehensively taking account of the results of the first instance court’s examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall respect the first instance court’s decision on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2017Do7871, Mar. 29, 2018). (b) Examining the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s decision was clearly erroneous.

It is difficult to view that the lower court’s determination on whether there are special circumstances or the credibility of the victim’s statement is significantly unfair.

(1) On the day of the instant case, the victim deemed that the Defendant was pushed down his chest on the day of the instant case.

The statement was made (the 8th page of the evidence record, the 59th page of the trial record), and the court below directly summoned the victim as a witness and tried to believe the victim's statement.