The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had no desire for a misunderstanding of facts to the victim.

However, the lower court erred by misapprehending the fact that the lower court rendered a guilty verdict of the instant facts charged, thereby adversely affecting the conclusion of the judgment.

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

2. Determination

A. In light of the difference between the method of evaluating the credibility of the first instance court and the appellate court in accordance with the spirit of the substantial direct deliberation adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision on the assertion of mistake of facts was clearly erroneous in the first instance court’s determination on the credibility of the statement made by the witness of the first instance court in light of the content of the first instance judgment and the evidence duly examined by the first instance court.

Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of further examination of evidence conducted until the closing of pleadings, the appellate court does not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the appellate court’s judgment (see Supreme Court Decision 2011Do5313, Jun. 14, 2012). Meanwhile, if the witness’s statement is consistent in the main part, it does not unreasonably deny the credibility of the statement without permission (see, e.g., Supreme Court Decision 2008Do1212, Aug. 20, 209).