The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the above, the Defendant was guilty of the facts charged in this case, and there was no causation between the Defendant’s act and the victim’s left dub, and the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. Although the Defendant’s act constitutes a passive resistance to avoid assault by the victim, it constitutes self-defense or legitimate act, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

C. The sentence imposed by the lower court on the Defendant (two years of suspension of execution in six months of imprisonment, and one hundred and twenty hours of community service order) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s decision on the credibility of a statement made by a witness of the first instance court is significantly unfair considering the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s decision on the grounds that the first instance court’s decision on the credibility of a statement made by a witness of the first instance differs from the appellate court’s judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).