The defendant's appeal is dismissed.

1. The summary of the grounds for appeal explicitly withdrawn the misapprehension of legal principles on the first trial date.

A. Although the Defendant misunderstanding the fact (limited to the part of the assault) took a bath in the course of a dispute with the victim, there was no assault by the victim, such as bucking the victim’s breath or breathing breath, etc.

B. The lower court’s sentence (2 million won in penalty) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the grounds for appeal

A. 1) In light of the difference between the first instance court and the appellate court’s method of evaluating credibility based on the spirit of substantial direct deliberation, the first instance court’s determination on the credibility of the statement made by the witness of 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, and the evidence duly examined in the first instance court.

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 in the appellate court, 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 Supreme Court Decision 2008Do7917, Jan. 30, 2009). (2) The lower court shall directly summon the victim as a witness and summon the victim and then trust the victim’s statement.

In the judgment of this case, the court convicted of assault among the facts charged of this case.

In light of the above legal principles, the above judgment of the court below was clearly erroneous in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below.

There is no special reason to view that the court below's decision on the credibility of the victim's statement is significantly inappropriate.

(1) A victim;