The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. In the day of this case, while the Defendant of mistake of facts was shotd with the victim E in the house of this case with the victim E, the victim made a speech that the Defendant would refuse to do so and returned to the house, and the victim took a humnasium, but the Defendant did not assault the victim's humnas by taking the victim's humnas, but the Defendant did not have assault by drinking the victim's face more than once, but the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility according to the spirit of substantial direct cross-examination, if 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 in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is considerably unfair in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s determination on the credibility of the statement made by a witness of the first instance solely on the ground that the first instance court’s determination on the credibility of the statement differs from the appellate court’s determination (see Supreme Court Decision 2008Do7917, Jan. 30, 209).