The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the fact-finding) is that co-defendant A (hereinafter referred to as "A") of the lower court only told the victims of the violence, and there was no fact that the victims were assaulted jointly with A.

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

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a witness’s statement in light of the substance of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a witness’s statement in light of the content of the first instance judgment and the evidence duly examined by the first instance court, unless there are exceptional circumstances where it is clearly deemed that maintaining the first instance court’s determination on the credibility of a witness’s statement by the first instance court until the closing of argument in the appellate court is considerably unfair, the appellate court should not reverse without permission the first instance court’s determination on the grounds that the first instance court’s determination on the credibility of a witness’s statement by the first instance court is different from the appellate court’s determination (see Supreme Court Decision 2011Do5313, Jun. 14, 2012). Meanwhile, where a witness’s statement in the first instance court is consistent with the main part, the mere fact that the witness’s statement is somewhat inconsistent with other matters, etc.

(see, e.g., Supreme Court Decision 2008Do12112, Aug. 20, 2009). B.

According to each evidence described in the summary of the evidence in the judgment of the court below, the court below judged that this case was a case of assault by both the defendant, A, F, and E, and convicted of the facts charged in

C. We examine the evidence duly adopted and examined by the court below.