The defendant's appeal is dismissed.

1. The Defendant’s defense counsel on the summary of the grounds for appeal alleged unfair sentencing as the grounds for appeal on the date of the first instance trial. However, this cannot be deemed a legitimate grounds for appeal since an appeal was filed after the lapse of the period for submitting the grounds for appeal, and even if ex officio examination is conducted, the lower court’s sentencing is too heavy beyond the reasonable scope of discretion.

The statements of the victim of mistake of facts and the spouse of the victim are not reliable, and the defendant has no assaulted the victim as stated in the facts charged.

B. The victim of the misapprehension of the legal doctrine committed assaulting the Defendant, such as cutting off a vehicle without paying parking fees by dividing the parking shutter by using the complete force, and cutting off the flaps of the Defendant.

The defendant committed the same act as the facts charged in order to defend the above unfair infringement of the victim. The defendant's act constitutes self-defense or legitimate act and thus there is no illegality.

2. Determination

A. 1) In light of the spirit of the principle of substantial direct examination adopted by the Criminal Procedure Act, the lower court did not reverse without permission the first instance judgment solely on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the appellate court’s judgment, in light of the content of the first instance judgment and the evidence duly examined by the first instance court, or that the first instance judgment on the credibility of the statement made by the witness of the first instance was clearly erroneous, in full view of the results of the first instance court’s evidence examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court, unless there are exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of the statement made by the witness of the first instance court until the time of closing argument in the appellate court (see, e.g., Supreme Court Decision 2008Do4449, Jul. 29, 2010).