A. The lower court found the Defendant guilty of the facts charged in the instant case, inasmuch as there was no fact that the Defendant, around May 5, 2015, had inflicted an injury upon E’s chin and body, etc., and there was an error of misapprehending the facts.

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

2. Judgment on the assertion of mistake of facts

A. The Criminal Procedure Act of the Republic of Korea adopts the principle of public trial-oriented principle that the formation of conviction and innocence against the substance of a criminal case ought to be based on a trial in the court. It adopts the principle of substantial direct cross-examination that only the evidence directly examined in the presence of a judge can be the basis of a trial, and the original evidence near the facts subject to proof should be the basis of a trial, and the use of a substitute for the original evidence should not be permitted in principle. This is intended to enable a judge to form a new and accurate conviction on a case through the method of directly investigating original evidence in the court, while giving the defendant an opportunity to directly state his/her opinion on the original evidence, thereby enabling the discovery of substantial truth and realizing a fair trial.

Therefore, the court presiding over the criminal procedure should be able to realize the above substantial and complete spirit of the principle of direct cross-examination in the court of first instance, which is the principle procedure in which the parties’ allegations and evidence examination are conducted, focusing on the court in the process of the criminal procedure and the trial process.

In determining the credibility of a statement after the first instance court initially conducted the examination procedure, not only is it consistent with the rationality, logic, morality, or rule of experience of the content itself, but also conforms to evidence or a third party's statement, but also is made public after being sworn in the presence of a judge.