The defendant's appeal is dismissed.

Summary of Grounds for Appeal

In light of the fact that the E’s statement in the investigation agency and court where the Defendant was assaulted of the face from the mistake of fact is not consistent with the statement, and thus it is not reliable, the witness G is not able to believe that the E’s statement corresponds to the facts charged in the instant case as a person in need of recommendation in order to be appointed as an instructor of the Music College of D Schools, and the I Hospital doctor J prepared a written diagnosis of injury to E was diagnosed as “lostal pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic

The punishment (fine 2 million won) imposed by the court below on the defendant is too unreasonable.

Judgment

In light of the purport and spirit of the substantial direct examination principle adopted by the Korean Criminal Procedure Act in light of the difference in the method of evaluating credibility of the first instance court and the appellate court with respect to whether the defendant assaulted E, there are special circumstances to deem that the first instance court clearly erred in the credibility of the statement made by the witness of the first instance in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, or that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is clearly unfair in full view of the evidence examination results of the first instance court and the evidence duly examined in the first instance court until the closing of arguments, and the first instance court’s determination on the credibility of the statement made by the witness of the first instance is clearly unfair.