The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) has not inflicted an injury on the victim;

2. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision on the credibility of the statement made by the witness at the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court’s first instance court’s evidence.

Unless there are extenuating circumstances to see the credibility of the statement made by a witness of the first instance trial and the result of further examination of evidence conducted by the time when the court of first instance and the appellate trial are closed, the appellate court should not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the judgment made by the appellate court (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). In light of the above legal principles, a thorough examination of the evidence of the lower court, such as the witness A’s legal statement made by the lower court, was clearly erroneous in the lower court on the credibility of the statement made by the witness.

There is no special circumstance to see that the defendant inflicted injury on the victim, such as the facts charged, so the defendant's mistake of facts is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.