The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The defendant does not assault the victim as stated in the judgment of the court below.

The punishment (fine 700,000 won) sentenced by the court below on unreasonable sentencing is too unreasonable.

Judgment

Despite the fact that there is no new objective reason to affect the formation of a documentary evidence in the trial process, when the appellate court intends to re-examine the first instance court's decision after an ex post facto determination, the first instance court's decision was clearly erroneous.

There should be reasonable grounds to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules, etc., and without such exceptional circumstances, the judgment on the fact-finding of the first instance court should not be reversed without permission (see, e.g., Supreme Court Decision 2016Do18031, Mar. 22, 2017). There is no objective reason that may affect the formation of a new conviction in the trial and the trial, and in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s judgment is justifiable as follows: (a) the Defendant may be recognized as having inflicted an injury on the victim, as stated in the facts constituting an offense in the lower judgment.

The defendant's assertion of mistake is without merit.

The victim stated from the investigative agency to the court of the court below that “at the time, the Defendant attached both arms to each other”.

Although there are parts to reverse part of the victim's statement, it is not possible to find any circumstances to suspect credibility consistently and differently.

The date of issuance of the certificate of injury is about 10 days after the date of the instant crime, and the date of injury is also specified as " October 22, 2017," but the certificate of injury is also stated as "the date of injury."