The defendant's appeal is dismissed.

The summary of the grounds for appeal (in fact-finding and inappropriate sentencing) and the judgment of the court below that found the defendant guilty by recognizing the fact that there was no assault by the victim.

The sentence of the lower court on unreasonable sentencing (fine 2,000,000) is too unreasonable.

Judgment

In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act regarding the determination of mistake, an appellate court shall not reverse without permission the first instance court’s determination as to the credibility of a statement made by a witness of the first instance, unless there exist extenuating circumstances to deem that the first instance court clearly erred in the determination of the credibility of a statement made by a witness of the first instance, or in view of the results of the first instance’s examination and the results of additional examination of evidence conducted by the time the arguments were concluded until the closing of arguments in the appellate court, unless there exist exceptional circumstances deemed that maintaining the first instance judgment as to the credibility of a statement made by a witness of the first instance is significantly unfair (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). Considering the fact that the method of assessing the credibility of a statement made by a witness of the first instance court has an essential difference between the first instance court and the appellate court’s substantial principle adopted by the Korean Criminal Procedure Act, the first instance court’s determination and the first instance’s evidence examination results are clearly different from the first instance’s determination.