The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant, at the time of the instant case, went back to the breath of breath from the injured party, and was engaged in breathing and plucking the victim’s breath in order to take place on the spot.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Considering the difference between the method of evaluating the credibility of the first instance trial and the appellate trial based on the spirit of substantial direct deliberation, the first instance judgment was clearly erroneous in its determination on the credibility of the statement made by the first instance court in light of the content of the first instance judgment and the evidence duly examined in the first instance trial.

Unless there exist extenuating circumstances to view that maintaining the first instance court’s decision on the credibility of a statement made by a witness of the first instance court is significantly unfair, or comprehensively taking account of the results of the first instance court’s examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall respect the first instance court’s decision on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2017Do7871, Mar. 29, 2018). (b) Examining the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s decision was clearly erroneous.

It is difficult to view that the lower court’s determination on whether there are special circumstances or the credibility of the victim’s statement is significantly unfair.

(1) The injured party has consistently been plicked by the defendant from an investigative agency to the court of original instance.

A statement is made (20 pages of evidence, 41, 45, and 48 pages of the trial record), and the lower court directly summon the victim as a witness and directly summon the victim, and then believe the victim's statement.