The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not assault the victim by putting the victim's chest on his hand with the floor of hand, or by breaking breaths of the victim.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. The court below asserted the misunderstanding of facts, after directly reporting and observing the form and attitude of the victim C as a witness at the time when the statement was made, consistency, clarity, and accuracy of the statement, etc., the above witness's statement is credibility.

The testimony of the above reliable witness acknowledged that the defendant was pushed the victim's chest by hand and breath.

Considering the following circumstances admitted by evidence duly admitted and investigated by the lower court, the lower court’s determination that recognized the credibility of the above witness’s statement was clearly erroneous.

There is no special circumstance to deem that maintaining such a judgment by the lower court is remarkably unfair (see Supreme Court Decision 2011Do5313, Jun. 14, 2012, etc.). The lower court’s judgment that found the Defendant guilty of this part of the facts charged is just and acceptable, and there is an error of law by mistake of facts as pointed out by the Defendant.

subsection (b) of this section.

was accompanied by the vehicle;

D, at the time, the glass of the vehicle is not sufficient to see the face of the defendant, and is memoryd as being more than that of the defendant, and when the defendant d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d e

B. The Defendant’s abusiveation of sentencing seems to have caused a considerable degree of insult, and the Defendant’s act was a dangerous act of causing a serious traffic accident, and an agreement with the victim is reached.