The defendant's appeal is dismissed.

1. The gist of the grounds of appeal is that the victim raised the words of the defendant and sacrifies the defendant, and then the victim sacrifies the defendant immediately before the defendant.

In the process of avoiding this by the defendant, the victim was contacted with the defendant's times during the process of avoiding this, and the victim was merely seated on the door and thus cannot be said to have suffered injury, and even if it constitutes injury, it constitutes self-defense or legitimate act.

Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. The lower court found the Defendant guilty on the facts charged of the instant case based on the Defendant’s partial statement, the police protocol on F, and the written diagnosis.

B. 1) Considering the difference between the first instance court and the appellate court’s method of assessing the credibility of a statement made by a witness of the first instance court in light of the substance of the first instance judgment and the evidence duly examined by the first instance court, the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the contents 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 statement made by a witness of the first instance court is clearly unreasonable in light of the first instance court’s results of the first instance examination and the results of additional evidence examination conducted until the closing of arguments in the appellate court, except in exceptional cases where the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly unfair, the appellate court shall not reverse the first instance judgment on the ground that the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s determination (see, e.g., Supreme Court Decisions 2006Do42314, Jul. 29, 2010.