The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are limited to the facts of the victim only once in order to board buses after having displayed the victim two short flaps in the subway, booming and pushing the victim each other with the victim in the subway, and getting down the bus from the subway, and there is no direct time for the victim's flaps, such as what is written in the facts charged.

In addition, it cannot be ruled out the possibility that the victim was treated with spathn, rather than the instant crime, and even if the spathn test is not treated with particular treatment, it is naturally cured after the lapse of time and does not constitute an injury to the crime of injury.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment

B. The sentence imposed by the lower court on the Defendant (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. In light of the difference between the method of evaluating the credibility of the first instance court and the appellate court in accordance with the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the principle of court-oriented trial, if there are special circumstances to deem that the first instance court clearly erred in the determination of the credibility of the statement made by the witness of the first instance in light of the contents of the first instance court judgment and the evidence duly examined in the first instance court, or if it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by the witness of the first instance is remarkably unfair in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing the arguments in the appellate court, the appellate court is different from the first instance judgment on the credibility of the statement made by the witness of the first instance.