The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) Defendant did not commit each assault against the victim.

In light of the fact that the victim made a false statement in favor of the defendant in a divorce lawsuit with the defendant, it cannot be ruled out that the victim made a false statement, and the victim's children made a statement to the effect that it conforms to the defendant's argument, the judgment of the court below should be pronounced not guilty, but the judgment of the court below erred by misunderstanding the facts and convicted the defendant (3 million won).

2. Determination

A. Considering the difference between the method of evaluating the credibility of the first instance trial and the appellate trial based on the spirit of substantial direct deliberation, the first instance judgment was clearly erroneous in its determination on the credibility of the statement made by the first instance court in light of the content of the first instance judgment and the evidence duly examined in the first instance trial.

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is clearly unfair, or in full view 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 Decisions 2008Do7917, Jan. 30, 2009; 2017Do7871, Mar. 29, 2018). (b) The following circumstances acknowledged by the evidence duly adopted by the lower court and duly examined by the lower court, namely, ① the victim was consistently committed by the Defendant from an investigative agency to the court of the lower court to the court of the first instance.

was stated (Evidence No. 15-17 of the evidence record, No. 63-67 of the trial record). The lower court directly summoned the victim as a witness and examined the victim, and then believed the victim’s statement.

Based on the judgment of the court below, the defendant was found guilty of the facts charged of this case. ② On November 16, 2015, the victim was found guilty.