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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was merely fighting a fighting and did not assault the victim's chest, such as the statement in the facts charged.
B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.
2. Determination
A. In light of the content of the first instance judgment on the assertion of mistake of facts and the evidence duly examined by the first instance court, the first instance judgment on the credibility of the statement made by the first instance witness was clearly erroneous.
In light of special circumstances or the results of the first instance court's examination and the results of the further examination of evidence conducted not later than the closing of oral argument, maintaining the first instance court's decision on the credibility of the statement made by the witness of the first instance court is not remarkably unfair (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). Thus, the first instance court's decision on the credibility of the witness's statement cannot be reversed without permission unless there are special circumstances to suspect the credibility of each of the original court's statements made by the witness C and D, and when comprehensively considering each of the above statements made by the court below, it can be sufficiently recognized that the defendant has abused the victim as stated in the judgment of the court below. Thus, the defendant's assertion of facts is without merit.
B. Although it appears that the Defendant appears to be not good in the economic situation, considering the fact that the Defendant was not against the Defendant’s denial of the facts charged in this case up to the trial, etc., the Defendant did not agree with the victim, and other circumstances shown in the records and arguments such as the character, conduct and environment of the Defendant, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s improper assertion of sentencing is not reasonable.
3. According to the conclusion, the Defendant’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.