The defendant's appeal is dismissed.

The summary of the grounds for appeal (in fact-finding and unreasonable sentencing) is that the accused of mistake of facts only caused the shoulder of the victim, but did not assault the victim.

The sentence of the lower court on unreasonable sentencing (fine 700,000) 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 on the credibility of a statement made by a witness of the first instance, unless there exist special circumstances to deem that the first instance court clearly erred in the determination of the credibility of the 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 until the closing of argument in the appellate court, the first instance court’s determination on the credibility of a statement made by a witness of the first instance is clearly unreasonable (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 has an essential difference between the first instance court and the appellate court’s determination on the credibility of the statement made by the witness of the first instance court and the evidence duly examined by the first instance court’s appellate court’s determination on the credibility of the first instance’s evidence examination.