The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Despite the fact that the Defendant did not assault the victim D on April 21, 2011, the lower judgment that found the Defendant guilty of this part of the facts charged was erroneous by misapprehending the fact and adversely affecting the conclusion of the judgment.

The punishment (fine 500,000 won) imposed by the court below on the defendant by asserting unfair sentencing is unreasonable.

Judgment

In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act to determine the assertion of mistake, unless there are special circumstances to deem that the first instance court's determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument of mistake is concluded, maintaining the first instance court's determination on the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court shall respect the determination on the credibility of the statement

(2) The Defendant’s assertion of mistake is without merit, given that each of the statements made by D and E present as a witness of the lower court is clear, spatial and spatial, and it is difficult to view that such statements made by D and E are false. In full view of the following: (a) the police investigation conducted in detail and consistently state the dispute between the Defendant and the Defendant’s assault process from the police investigation to the court of the lower court; and (b) the witness D’s investigative agency and court’s statement are not found to have any particular contradiction between statements made by the witness D and the court; and (c) it is deemed that such credibility is sufficient. Thus, the Defendant’s assertion of mistake of facts is without merit.

The judgment of the court below on the assertion of unfair sentencing is based on the fact that the defendant had the record of punishment for the same kind of crime, and that the defendant denies some of the crimes until the trial of the party.