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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) does not injure the victim or insult him/her as stated in the facts charged.
2. In light of the difference between the original judgment and the appellate court’s method of evaluating the credibility of the testimony made by the witness in light of the contents of the original judgment and the evidence duly examined in the original judgment, the lower court’s determination on the credibility of the testimony made by the witness in the original judgment was clearly erroneous in light of the substance of the original judgment and the evidence duly examined in the original judgment.
If there are extenuating circumstances to see the lower court’s decision as to the credibility of a statement made by a witness of the lower court, or in full view of the results of the examination at the lower court’s examination and the results of additional evidence examination conducted until the closing of oral argument, it is not significantly unfair to maintain the lower court’s decision as they are, the appellate court, on the sole ground that the lower court’s decision on the credibility of a statement made by a witness of the lower court is different from the appellate court’s decision, shall not arbitrarily reverse the lower court’s decision (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 201Do5313, Jun. 14, 2012). The Defendant asserted to the effect that the lower court did not have any intention to injure or have any legitimate defense, and that there was no desire as to insult the facts charged, etc., but the lower court rejected the Defendant’s assertion by the Defendant.
Examining the above facts-finding and judgment of the court below after comparing them with records, the court below's judgment that found the defendant guilty of the charges of this case is just.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.