In addition, the defendant's resistance to arms is also aimed at setting up against the illegal use of force by the victim, and the illegality is excluded because it constitutes self-defense or legitimate act.

Nevertheless, the court below erred by misunderstanding the facts charged or by misunderstanding the legal principles, which affected the conclusion of the judgment.

2. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or if it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is significantly unfair, the appellate court should respect the determination on the credibility of the statement made by the witness of the first instance, unless there are exceptional circumstances where it is deemed that the first instance court’s determination on

(see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The defendant also asserted the same as the grounds for appeal, and the court below rejected the defendant's assertion. The court below made a somewhat different statement as to the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below, and whether the victim and his son E have taken the victim's hand at the time at the time of the court below's decision. However, at least, the part that the defendant was faced with the victim's shoulder with blue with blue with the victim's shoulder, such as the facts charged, at least once by the victim's blue and returned home with blue with the victim's shoulder.