The defendant's appeal is dismissed.

1. The decision of the court below that found the defendant guilty of the facts charged in this case, although the defendant did not assault the victim, is erroneous in misconception of facts.

2. The Korean Criminal Procedure Act adopts the principle of substantial direct cross-examination that the formation of conviction and innocence against the substance of a criminal case should be based on a trial-oriented principle, which is that only the evidence directly examined in the presence of a judge may be the basis of a trial, and the original evidence near the facts to be proved shall be the basis of a trial, and the use of the substitute for the original evidence shall not be permitted in principle. This is intended to enable a judge to form a new and accurate conviction through the method of directly investigating the original evidence in a court, while giving the defendant an opportunity to directly state his/her opinion concerning the original evidence, thereby enabling the discovery of substantial truth and realizing a fair trial.

Therefore, the court presiding over the criminal procedure should be able to realize the above substantial and complete spirit of the principle of direct cross-examination in the court of first instance, which is the principle procedure in which the parties’ allegations and evidence examination are conducted, focusing on the court in the process of the criminal procedure and the trial process.

In determining the credibility of a statement after the first instance court conducted the witness examination procedure, the witness appearance and attitude of the witness who is going to make a statement in public court after being sworn in the presence of a judge, and the witness appearance and attitude of the witness, and the penology of the statement are all considered to have been obtained by directly observing various circumstances that are difficult to record in the witness examination protocol.