Defendant

All appeals filed by B and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Regarding the judgment of innocence against the Defendant A by the public prosecutor, even though B provided the cause, such as blocking the career of Defendant A, the act of Defendant A with b’s flaps, etc. does not meet the requirement for a justifiable act.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby acquitted Defendant A.

B. Defendant B was unilaterally assaulted by A, and there was no assault by A as described in the facts charged.

Nevertheless, the lower court erred by misapprehending the facts, thereby convicting Defendant B of the facts charged.

2. We examine the reasoning of the appeal by Defendant B and the Prosecutor.

A. In light of the fact that the method of evaluating the credibility of a statement made by a witness at the first instance trial and the appellate trial, and the purport of the principle of substantial direct deliberation adopted by the Korean Criminal Procedure Act, the first instance judgment was clearly erroneous in the first instance judgment as to the credibility of the statement made by the witness at the first instance trial in light of the content of the first instance judgment and the evidence duly examined by the first instance court and the evidence duly examined by the first instance court.

Unless there are extenuating circumstances to view that maintaining the first deliberation decision 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 examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court shall not reverse without permission the first deliberation decision on the sole ground that the first deliberation decision on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s judgment.

In particular, in the case of evidence supporting the facts charged, the first instance court, who directly observed the appearance and attitude of the witness who directly observe the witness's statement while proceeding the witness examination procedure, judged that the credibility of the witness's statement cannot be recognized.