The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the victim was assaulted by the victim at the time of the instant case, and that there was no assault against the victim at all.

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 accordance with the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the appellate court should not reverse without permission the first instance court’s judgment on the ground that the first instance court’s judgment on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the content of the first instance court’s judgment and the evidence duly examined by the first instance court, or that the first instance court’s judgment on the credibility of a statement made by a witness of the first instance is clearly unreasonable in full view of the evidence examination results conducted in the first instance court and the result of additional examination by the time the argument of the appellate court is concluded until the closing of arguments (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

In light of such circumstances and relevant legal principles as seen earlier, there is no special circumstance to deem that the judgment of the court below that recognized the credibility of the victim's statement was clearly erroneous, and there was no further examination of evidence in the trial court. Thus, the judgment of the court below convicting the Defendant of the facts charged of this case, as pointed out by the Defendant, is affected by misapprehending the facts.