The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: although the Defendant was guilty of the facts charged in this case, the lower court did not err by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance witness was clearly erroneous.

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 the further examination of evidence conducted 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, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). In full view of the evidence duly admitted and examined by the lower court, the victim consistently fell under the victim’s title at the date and time of the lower court’s judgment until the time before the lower court’s trial, and went beyond the string and leading the victim and the victim’s neck, leading the victim to the credibility of the statement made by the witness of the first instance court.

진술하고 있는데, 이 사건 범행의 경위나 방법 등에 관한 피해자의 진술은 상당히 구체적이고 자연스러우며 상호 모순점이 없을뿐더러 직접 경험하지 않고 서는 진술하기 어려운 피해 당시의 상황, 피고인의 행위 등을 구체적이고 일관되게 진술하고 있으며, 상해를 입게 된 경위에 관하여 피해자는 원심 법정 및 수사기관에서 피고인이 자신을 밀쳐 넘어지는 과정에서 손을 헛짚으며 오른손과 오른 손가락 부분을 접질렸다고 진술하였는바( 증거기록 38 쪽),...