The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is that the defendant did not have any intention to assault the victim only when the victim's bridge was in the process of closing the door of the vehicle.

2. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance trial witness was clearly erroneous.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court.

B. The Defendant also asserted the same purport in the lower court, and the lower court rejected the Defendant’s assertion in full view of the circumstances acknowledged by the evidence duly admitted and examined, and recognized the fact that the Defendant abused the victim.

The decision was determined.

In light of the records, there is no objective reason to affect the formation of new convictions in the court below, and there is no reasonable circumstance to deem that the court below’s determination of evidence was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules.

The above assertion by the defendant is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.