The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. During the misunderstanding of facts C, the victim appeared and led the defendant, and did not assault the victim as shown in the facts charged in the instant case.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. In examining the results of the first instance court’s examination of facts in light of the principle of court-oriented trial on the assertion of mistake of facts, and the results of further examination of evidence made by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s judgment on the credibility of the statement made by the witness in the first instance unless there are exceptional cases deemed significantly unfair to maintain the first instance court’s judgment on the credibility of the statement made by the witness in the first instance (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). The lower court convicted the Defendant of the instant charges by taking account of the

In light of the aforementioned legal principles, it is sufficiently recognized that the defendant committed an assault against the victim as stated in the facts charged in this case, considering the following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below, i.e., (i) it is impossible to find out circumstances to recognize that maintaining the credibility of the victim's statement consistent with the facts charged, (ii) there are parts of disagreements between the victim's investigative agency and the court of the court of the court below, but this only appears to have been an erroneous statement following the lapse of time; (iii) although the defendant did not directly witness a fighting between the defendant and the victim, the C's investigative agency and the court of the court below's statement on the developments leading to the fighting correspond to the victim's statement, and thus, the judgment of the court

B. The trial-oriented principle and trial-oriented principle on the assertion of unfair sentencing.