The defendant's appeal is dismissed.

1. The summary of the grounds for appeal does not constitute an assault against the victim, such as smuggling the victim's chest, booming the victim's hair, and destroying the victim's hair, as stated in the facts charged.

Nevertheless, the court below erred by misunderstanding the facts or misunderstanding the legal principles that found Defendant guilty, which affected the conclusion of the judgment.

2. Determination

A. In light of the content of the judgment of the first instance court and the evidence duly examined by the first instance court, the first instance judgment on the credibility of the statement made by the witness at the first instance court was clearly erroneous.

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is significantly unfair, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court may not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2007Do2020, May 11, 2007).

On the other hand, the defendant recognized the facts of assaulting the victim as stated in the facts charged.

Based on the above legal principles, a thorough examination of the judgment of the court below in comparison with the evidentiary materials, the court below's determination of the above facts is just and acceptable, and there was no special circumstance to see that the judgment of the court below was clearly erroneous or remarkably unfair in the court below's determination of the credibility of the above witness's statement. Thus, the defendant is based on the evidence, such as the statement of the victim with credibility.