The defendant's appeal is dismissed.

1. Determination of facts as to the gist of the grounds for appeal (the defendant did not satisfize the victim's fat, and instead was an assault that unilaterally satisfys together with fats). 2. Considering the difference between the method of assessing credibility of the first instance court and the appellate court in accordance with the spirit of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the judgment of the court of first instance is clearly erroneous, in light of the contents of the judgment of the first instance and the evidence duly examined by the first instance court, or the result of additional examination conducted by the time of the examination of evidence conducted by the first instance court and the time of the closing of arguments in the first instance court, the first instance court's determination on the credibility of the statement made by the witness of the first instance court is clearly erroneous, and thus, the first instance court's determination on the credibility of the statement made by the witness of the first instance court was clearly determined by the court of first instance (see, e.g., Supreme Court Decision 2011Du314).

In this case where it is difficult to view that maintaining the judgment of the first instance court is considerably unfair even if the result of an additional examination of evidence was conducted by the time the arguments in the trial or by the time of the closing of arguments in the trial, the first instance court's decision which found the defendant guilty of the facts charged in this case based on such evidence is justified and it is difficult to see that there is an error of mistake of facts affecting the conclusion of the judgment, and

3. According to the conclusion, the Criminal Procedure Act.