The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, by mistake of facts, has expressed a desire to do so to the victim, and does not incur any injury to the victim as stated in the facts charged.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

B. The sentence of the lower court (an amount of KRW 2,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. In light of the difference between the original court and the appellate court’s method of assessing the credibility of a witness’s statement in light of the contents of the original judgment and the evidence duly examined in the original judgment, the lower court’s judgment was clearly erroneous in determining the credibility of the witness’s statement in light of the contents of the original judgment and the evidence duly examined in the original judgment.

Unless there are extenuating circumstances to see the lower court’s judgment as to the credibility of a statement made by a witness of the lower court is clearly unfair, or comprehensively considering the results of the examination of evidence at the lower court and the results of the additional examination conducted until the closing of oral argument at the appellate court, the appellate court should not reverse without permission the lower court’s judgment on the sole ground that the lower court’s judgment on the credibility of a statement made by a witness of the lower court is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 201Do5313, Jun. 14, 2012). Although the Defendant asserted to the same effect, the lower court asserted to the same effect, the lower court did not have credibility in the victim’s

Accordingly, the defendant's assertion was rejected.

The victim's statement from the investigative agency to the court of the court below is consistent, specific, and natural in the main parts of the statement, and there is no additional evidence to deny the credibility of the victim's statement in the trial.