The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although there is a fact that the defendant misunderstanding of facts and misunderstanding of legal principles made a fighting with the victim's body on the date and time stated in the facts charged, there is only the fact that the defense vehicle fights with the victim's satisfe, and there is no fact that the

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles as to mistake of facts and self-defense.

B. The sentence imposed by the court below on the defendant (the fine of 500,000 won) is too unreasonable.

2. Determination

A. In light of 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 in the original judgment, or there are exceptional cases where it is deemed that maintaining the original judgment on the credibility of the statement made by the witness in the original judgment is considerably unfair considering the results of examination of evidence at the original court and the results of additional examination of evidence not later than the time of closing argument at the appellate court, the appellate court should not reverse without permission the original judgment on the ground that the lower court’s judgment on the credibility of the statement made by the witness in the original judgment is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). In full view of the evidence duly adopted by the lower court and the evidence duly examined by the lower court and the evidence duly examined by the lower court, the lower court may recognize the facts that the Defendant admitted the statement made by the witness in the original judgment, such as the victim’s appearance.

In this regard, the defendant asserts that he cannot believe the above witness's statement in the court below, but the above witness's statement in the court below is different.