The prosecutor's appeal is dismissed.

1. According to the statement of the victim in the summary of the grounds for appeal, the court below erred by misapprehending that F did not participate in the defendant's assault, and dismissed the prosecution on the ground that the victim withdraws his wish to punish even though it is acknowledged that the defendant committed assault jointly with F, and the court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

2. In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the appellate court should respect the first instance court’s determination as to the credibility of the statement made by a witness of the first instance, unless there are extenuating circumstances to deem that the first instance court clearly erred, or the first instance court’s determination as to the credibility of the statement made by a witness of the first instance court is clearly unreasonable, considering the results of the first instance court’s examination and the results of additional examination of evidence conducted by the time the argument of the appellate court is concluded in the absence of exceptional circumstances where

(see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). The lower court, in detail, explained the following reasons to the effect that there is no evidence to prove the credibility of the victim’s statement and there is no other evidence to prove the facts charged, determined that the Defendant did not assault the victim jointly with F.

In order to reverse the judgment of the court of original instance in support of this part of the facts charged, it is difficult to find out such circumstances, and it is reasonable to compare the above judgment of the court of original instance with the records and closely, and there is no new evidence to reverse the judgment of the court of original instance at the trial.

In the end, the court of original judgment states its reasons.