The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant has no record of keeping the victim’s shoulder or committing the victim at the time of such appeal;

Even if the body of the defendant was in contact with the body of the victim

Even if this constitutes a passive resistance to prevent the victim from exercising violence, it is justified as a legitimate defense or a legitimate act.

However, the court below found the defendant guilty of the facts charged in this case based on the statements of the victim without credibility. The court below erred by misunderstanding facts or by misapprehending the legal principles on the defense of a party or legitimate act, which affected the conclusion of the judgment.

2. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in determining the assertion of misunderstanding of facts.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The Defendant asserted that the lower court also argued that the victim was not sealed by the victim, or that there was no fact at the time of the victim’s shoulder or the fact that the victim was not at the time of the examination of the witness, etc., and the lower court, after completing the direct examination of evidence by the victim, has credibility of the statement made by the victim.

Based on the judgment of the court below, the charged facts of this case were convicted.

The statements of the victim from the investigative agency to the court of the court below are consistent with consistent, specific and natural in the main part, and the statements of other witnesses in the community center at the time are consistent with those of other witnesses.