A. At the time of the misunderstanding of facts, only the victim suffered an injury by assaulting the victim, etc., and there was no assault against the victim.

B. Even if the act of the defendant of self-defense constitutes an element of the crime of bodily injury, it is an act to oppose the victim's exercise of force, and thus, illegality is excluded as it constitutes self-defense.

2. Determination

A. We examine the argument of mistake of facts. Considering the difference between the method of evaluating credibility of the first instance court and the appellate court in accordance with the spirit of the substantial direct and psychological principle adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the appellate court shall not reverse without permission the first instance court's judgment on the sole ground that the first instance court's judgment on the credibility of the statement made by the witness in the first instance is different from the appellate court's judgment (see, e.g., Supreme Court Decisions 201Do5313, Jun. 14, 2012; 201Do5313, Jun. 14, 2012); and on the other hand, if the first instance court's judgment on the credibility of the statement made by the witness in the first instance is clearly erroneous in light of the contents of the first instance court's judgment and the evidence duly examined by the first instance court's evidence examination; or in exceptional cases where the first instance court's judgment on the credibility of the statement made by the witness in the first instance court's statement is somewhat consistent solely on the other matters.

(See Supreme Court Decision 2008Do12112 Decided August 20, 2009, etc.). In light of the aforementioned legal doctrine, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the lower court (see, e.g., Supreme Court Decision 2008Do1212, Aug. 2