The defendant's appeal is dismissed.

1. 항소이유의 요지 피고인은 이 사건 당일 피해자의 난폭운전을 제지하려다가 피고인의 손이 피해자의 빰 부위에 스친 것일 뿐 원심 판시 범죄사실 기재와 같이 피해자를 폭행한 적이 없다.

2. In light of the difference between the first instance court and the appellate court’s method of assessing the credibility of a statement made by a witness of the first instance court, if there are special circumstances to deem that the first instance court clearly erred in the determination of the credibility of a statement made by a witness of the first instance in light of the content of the first instance judgment and the evidence duly examined by the first instance court, or if it is not an exceptional case where it is deemed that maintaining the first instance court’s decision on the credibility of a statement made by a witness of the first instance court is remarkably unfair considering the result of the first instance court’s examination and the result of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court shall not reverse without permission the first instance court’s decision solely on the ground that the

(2) In light of the above legal principles, the Defendant’s hand appears to have contacted the victim’s body on the day of the instant case, including the fact that the Defendant’s hand was in contact with the victim’s body, and (3) the victim stopped immediately after being abused by the Defendant, and reported it to 112, and the Defendant and the victim first appeared only on the day of the instant case, on the first day.