The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is merely a fact that he had flabbage of victim E, and did not inflict injury on the victim as stated in the facts constituting the crime in the judgment below.

B. The Defendant’s act of misapprehension of the legal principle constitutes legitimate act or self-defense.

2. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence conducted by the time the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unreasonable, the appellate court should respect the determination on the credibility of the statement made

(See Supreme Court Decision 201Do5313 Decided June 14, 2012, etc.). Based on the foregoing legal doctrine, the lower court directly finished the examination of evidence by following the process of examining the witness of the victim E, etc., and found the Defendant guilty of the facts charged in the instant case by recognizing the credibility thereof. The lower court’s judgment on the credibility of the testimony of the witness E was clearly erroneous.

The defendant's assertion of mistake of facts is without merit, since it seems that maintaining the judgment of the court below on the credibility of the judgment is not significantly unfair.

B. In light of the circumstances revealed by the statement of the witness E of the court below, the defendant's act against the victim cannot be deemed as a legitimate act or self-defense, since the defendant's act does not constitute legitimate act or self-defense. Thus, the defendant's assertion of legal principles is without merit.

3. Conclusion.