A. The Defendant, as stated in the facts charged, did not incur an influorous injury to the victim’s hand and face with a quitoto, for the number of days of treatment.

B. The sentence of the lower court (an amount of KRW 700,000) that is unfair in sentencing 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 the 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 are acknowledged by the evidence duly adopted and investigated by the court of first instance, namely, (i) the victim was the wheels of the defendant to his face from the investigative agency to the court of the lower court.

일관되게 진술하는 점, ② 사건 당일 경찰서에서 찍힌 피해자의 얼굴 사진을 보면 오른쪽 뺨 부분에 손톱으로 할퀸 것 같은 상처가 분명한 점, ③ 피해자는 그 다음 날인 2016. 9. 10. 울산 남구 달동에 있는 성형외과에서 위 상처에 대하여 안면 부 찰과상으로 진단 받고 치료를 받은 점 등을 종합하여 보면, 피고인이 원심 판시 범죄사실 기재와 같이 손톱으로...