The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant was not guilty of assaulting the victim.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. Determination 1 on the assertion of mistake of facts is based on the principle of public trial-oriented that the formation of a conviction or innocence against the substance of a criminal case ought to be based on a trial in the court. As such, our Criminal Procedure Act adopts the substantial principle of direct trial that only the evidence directly examined in the presence of a judge can be based on the trial and the original evidence near the facts subject to proof should be based on the trial, and the use of substitute for the original evidence should not be allowed in principle. This is because the judge can form a new and accurate conviction on the case by directly investigating the original evidence in the court, and can realize a fair trial by providing the defendant with an opportunity to state his/her direct opinion on the original evidence.

As a presiding court of criminal procedure, the court should be able to realize the above substantial and complete spirit of direct psychologicalism in the first instance court, which is the principle procedure in which the parties’ allegations and evidence are taken place, focusing on the court in the process of the criminal procedure and the trial process.

In light of the contents of the judgment of the first instance and the evidence duly examined by the first instance court, the first instance judgment on the credibility of the statement made by the first instance witness was clearly erroneous.

The first instance court's decision on the credibility of a statement made by a witness of the first instance court is not deemed significantly unfair, in light of the special circumstances or the result of the first instance court's examination and the result of the additional examination of evidence conducted until the closing of the appellate court's pleading.