The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had not inflicted any injury on the victim as stated in the facts charged of this case.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. (1) The Criminal Procedure Act adopts the principle of substantial direct examination as one of the elements of the principle of public trial-oriented trial that the formation of a conviction or innocence against the substance of a criminal case ought to be based on a trial in the court.

This is because the judge can form accurate convictions on the case by directly investigating original evidence in court and give the defendant an opportunity to directly state his/her opinion on original evidence, thereby finding substantial truth and realizing fair trial.

The court shall ensure that the above substantial principle of direct cross-examination is fully realized in the court of first instance, which is the principle procedure in which parties’ allegations and evidence are examined, focusing on the court in the process of criminal proceedings and the trial process.

When determining the credibility of the testimony after the first instance court conducted the witness examination procedure, it is necessary to evaluate the credibility of the statement considering all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness involved in the statement in the open court, and the penology of the statement, as well as whether it conforms to the rationality, logic, appearance, or rule of experience of the statement itself or other evidence.

On the other hand, the appellate court's judgment on the credibility of the statement made by the witness of the first instance court is based on the records including the witness examination protocol, so the credibility of the statement is judged.