The defendant's appeal is dismissed.

1. Although there is a physical contact with the substance of the reasons for appeal, it is not an assault.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, unless there exist special circumstances to deem that the first instance court clearly erred in the determination of the credibility of a statement made by a witness of the first instance in light of the contents of the first instance judgment and the evidence evidence duly examined in the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s judgment on the credibility of a statement made by a witness of the first instance is considerably unreasonable considering the result of the first instance court’s examination and the result of additional evidence examination conducted until the closing of pleadings, the appellate court should not reverse the first instance court’s judgment on the ground that the first instance court’s judgment on the credibility of a statement made by a witness of the first instance court differs from the appellate court’s judgment (see, e.g., Supreme Court Decision 2008Do7917, Jan. 30, 2009).

Therefore, there is an error of misconception of facts in the judgment of the court below as argued by the defendant.

The defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.