The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the date and place indicated in the facts charged in the instant case; and (b) the victim’s text message “Is the answer.”

“At the end, the son was merely satisfy, and did not exercise any physical tangible power against the victim.”

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Judgment on the grounds for appeal

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.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of an additional examination of evidence until the closing of pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see Supreme Court Decision 2008Do7917, Jan. 30, 2009). The assault committed in the crime of assault under Article 260 of the Criminal Act refers to the exercise of an unlawful tangible force on human body. The illegality should be determined by taking into account the purpose and intent of the act, the circumstances at the time of the act, the form and type of the act, the existence of suffering from the victim, and the degree of suffering from the victim (see Supreme Court Decision 2009Do6800, Sept. 24, 2009).

As to the facts charged of this case.