The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Of the facts charged of mistake of facts, the Defendant did not have committed assault against the victim as stated in this part of the facts charged.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence of a fine of two million won imposed by the lower court is too unreasonable.

2. Determination

A. 1) The Korean Criminal Procedure Act adopts the substantial direct examination principle that the first instance court's determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous, in light of the content of the first instance court and the evidence duly examined in the first instance court, or the first instance court's determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous, except in exceptional cases where it is deemed significantly unfair to maintain the first instance court's determination on the credibility of a statement made by a witness of the first instance court until the closing of argument in the appellate court, and the appellate court should respect the first instance court's determination on the credibility of a statement made by a witness of the first instance court in light of the following circumstances: (a) the first instance court's determination on the first instance court's determination on the first instance court's determination on the first instance court's determination on the second instance court's determination on the first instance court's determination on the second instance court's determination on the admissibility of a statement made by a witness of the first instance court (see, e.g., Supreme Court Decision 2004Do4296.