The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실 오인 원심 판시 폭행죄에 관하여, 피고인은 피해자가 귀가하려는 피고인의 옷깃을 잡아끌자 방어차원에서 이를 뿌리쳤을 뿐인데 피해자가 중심을 잃고 기우뚱 하면서 넘어진 것이므로, 피고인이 피해자를 폭행한 사실은 없다.

Therefore, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment of the lower court (six months of imprisonment, two years of suspended execution, two years of protection observation) is too unreasonable.

2. Determination

A. 1) Except in exceptional cases where it is deemed remarkably unfair to maintain the first instance judgment on the credibility of the statement made by the witness of the first instance court, the appellate court does not arbitrarily reverse the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s judgment (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). 2) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court. i.e., (i) the victim appeared from the investigative agency to the court of the lower court, and consistently, from the court to the court of the lower court, the victim tried to escape from the scene, and the victim’s defect was assaulted by the victim beyond the victim’s neck, and (ii) the victim’s testimony and the victim’s testimony in light of the legal principles as seen earlier.