The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) that the defendant assaulted the victim is not reliable. D's legal statement of the court below witness D is not reliable.

In order to protect the defendant's price and protect the defendant, the defendant was able to stop the defendant's hand, and there is no time that the defendant actively gets the victim.

2. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance witness was clearly erroneous.

Unless there are extenuating circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance trial is significantly unfair, or in full view of the results of the first instance examination and the results of the additional examination of evidence conducted until the closing of oral pleadings, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance trial (see, e.g., Supreme Court Decision 201Do5313, Jun. 14, 2012). The lower court found the Defendant guilty of the instant facts charged on the grounds of each legal statement made by the witness D and C of the lower court.

Examining the judgment of the court below closely by comparing it with the records, the above judgment of the court below is just, and no exceptional circumstance exists to reverse the judgment of the court below as to the credibility of each of the legal statements D and C by the witness D and C of the court below.

Therefore, the defendant's assertion of facts is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.