The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Error of facts is merely a part of the victim's suffering that the defendant left the wall as at the time of the instant case and left the wall far away from the wall. As such, the defendant does not intentionally have a far away from the victim.

Nevertheless, the court below convicted the defendant of the facts charged in this case. The judgment of the court below is erroneous in misconception of facts.

B. The sentence imposed by the lower court (three years of suspension of execution in one year and six months of imprisonment, and one hundred and sixty hours of community service) is too unreasonable.

2. Determination

A. 1) In light of the contents of the judgment of the court of first instance and the evidence duly examined by the court of first instance concerning the principle of public trial-oriented and direct examination of facts, the court below's determination on the credibility of the statement made by a witness of the court of first instance is clearly erroneous or, in light of the contents of the judgment of the court of first instance and the evidence duly examined by the court of first instance, or in exceptional cases where it is deemed that maintaining the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance is considerably unfair considering the results of the first instance examination and the results of additional evidence examination conducted by the court of first instance until the closing of pleadings, the court of first instance shall not reverse without permission the judgment of the court of first instance solely on the ground that the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance differs from the judgment of the appellate court (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010).