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The defendant's appeal is dismissed.
Reasons
1. As to the crime on May 23, 2014, the summary of the grounds for appeal, the Defendant did not set the victim when committing the crime, and as to the crime on May 24, 2014, the Defendant put the victim to file a report on damage, it is a justifiable act.
2. Determination
A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument in the appellate trial is concluded, the appellate court should respect the judgment on the credibility of the statement made by the witness of the first instance.
(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). B.
The lower court, after directly examining C, E, D, etc. and recognizing the credibility of the testimony, found the Defendant guilty of the facts charged in the instant case. There are special circumstances to deem that the lower court clearly erred in determining the credibility of the testimony.
It is not considered significantly unfair to maintain its judgment as it is.
Comprehensively taking account of the evidence duly adopted and examined by the court below, including the above testimony, the defendant recognized the fact that he injured the victim as stated in the judgment of the court below, and the above act does not constitute a justifiable act in light of the background, means, and method of the act.
Therefore, the defendant's assertion is without merit.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.