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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal does not contain any injury by assaulting the victim as stated in the facts charged of this case;
2. Determination
A. In light of the spirit of the substantial direct and psychological principle adopted by the relevant legal doctrine, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or if it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is considerably unfair, the appellate court should respect the determination on the credibility of the statement made by the witness of the first instance court, except in exceptional cases where the first instance court’s determination on the credibility of the statement made by the
(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). B.
Judgment
The following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., (1) the victim was provided with medical treatment to E members on the day of the instant case, and the victim was asked to assault with others as to the cause of the injury. According to the injury diagnosis statement, Byung was written in the name of "Geeeeegn NOS's impairment of the character, strawing and scarging the wall, scarging and scarging the scargs of the wall, and the open room for the entrance. This is not only consistent with the injured part of the victim's statement, but also with the photograph (up to eight pages of investigation record) submitted by the victim, it is confirmed that the victim was faced with the victim's face. (2) The victim filed a complaint against the Defendant on the day of the instant case, under the investigation by the investigative agency, after being examined by the witness, and stated specifically as to the reasons and developments leading up to the assault, method and form of the assault, situation at the time of the assault, and subsequent circumstances.