The defendant's appeal is dismissed.

Defendant

In addition, the gist of the grounds for appeal by the defense counsel (misunderstanding of facts) was as stated in the facts charged of this case, the Defendant did not inflict any injury upon the victim F by pushing the victim F in both hands.

Nevertheless, without reasonable grounds, the court below erred by finding the Defendant guilty of the facts charged in the instant case on the grounds that M&N’s statement consistent with the Defendant’s assertion was rejected and that F, G, and H’s statement without credibility was not reliable.

Judgment

Considering the difference between the original court and the appellate court’s method of evaluating the credibility of the statement made by the witness in light of the contents of the original judgment and the evidence duly examined by the original court, the lower court’s judgment was clearly erroneous in determining the credibility of the statement made by the witness in light of the contents of the original judgment and the evidence duly examined by the original court.

If there are extenuating circumstances to see the judgment of the court below on the credibility of the statement made by the witness of the court below, or in full view of the results of the examination of evidence and the results of additional examination conducted until the closing of oral pleadings, it is not remarkably unfair to maintain the judgment of the court below on the credibility of the statement made by the witness of the court below, the appellate court shall not reverse without permission the judgment of the court below on the ground that the judgment of the court below on the credibility of the statement made by the witness of the court below is different from the judgment of the appellate court (see, e.g., Supreme Court Decisions 2011Do5313, Jun. 14, 2012; 2008Do4449, Jul. 29, 200; 2006Do494, Nov. 24, 2006). The defendant asserted the above facts charged in this case. The court below rejected the defendant's assertion and recognized the credibility of the victim F and G, and H's statement.

The following circumstances, which can be recognized by the evidence duly adopted and investigated by the court below, i.e., victim F, at the investigative agency and the court of original instance.