The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim at all at the time of mistake of fact.

Nevertheless, the court below found the defendant guilty by reliance only on the statements made by the victim with no credibility. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. On the assertion of mistake of facts, the first instance judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the spirit of substantial direct psychologicalism adopted by the Korean Criminal Procedure Act.

Unless there are extenuating circumstances to see the credibility of a statement made by a witness of the first instance trial and in full view 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 trial, the appellate court shall respect the first instance 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 Defendant also asserted the same grounds for appeal in the lower court. The lower court also made a detailed and consistent statement about ① the victim’s act, damage details, and the situation before and after the crime. The credibility of the statement is recognized, ② the situation that witness of the first instance court was present at the time.

F regarded the defendant and the victim as being in a way to flick their own head.

The statement, 3. The victim was issued a medical certificate to the hospital immediately after the crime of this case, and the part and degree of the injury correspond to the statement of the victim. In full view of the facts charged of this case, the defendant is guilty on the ground that it is sufficiently recognized that the defendant used to assault the victim as stated in the facts charged of this case.