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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, although the Defendant, at the time of attaching a trial with the victim, cited the altered tobrushes as his/her hand, the Defendant did not pose a threat to the victim as stated in the facts charged, such as waiting the victim.
B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. Determination on the assertion of mistake of facts 1) In light of the difference between the first instance court and the appellate court’s method of assessing credibility according to the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act, the first instance court’s decision 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’s first instance court’s evidence.
Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall not reverse without permission the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2010Do3846, Jun. 24, 2010). In addition, the degree of the formation of the first instance judgment to find a guilty in a single criminal trial should be sufficient to have a reasonable doubt, but it is not required to exclude all possible doubts, and it is not consistent with the principle of free evaluation if the rejection of evidence without reasonable grounds recognized as probative value exceeds the limit of the witness’s testimony, and it is not consistent with the main part of the statement.