The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below accepted the statement of the victim without credibility and convicted the defendant of the facts of this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in determining the assertion of misunderstanding of facts.

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 by the time the appellate trial ends, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). In full view of the evidence duly admitted and examined by the lower court, the victim was consistently faced by the Defendant from the investigative agency to the court of the lower court by consistently taking the victim’s title and leaving the victim’s left side by leaving the victim’s back head door to the right side as stated in the lower court’s holding.

The contents of the statement are specific, witness E's statement and the record of duty against the victim are consistent with this, so credibility can be recognized, and there is no additional evidence to dismiss it otherwise, and the credibility of the above statement is also the credibility.