The defendant's appeal is dismissed.

1. The gist of the grounds for appeal was that the Defendant was at the time when he was sitting in the sick room and laid down on the bed of his guardian’s bed, so it was impossible to take the victim’s face at the time, and that the Defendant could not take the victim’s face at the time of leaving the sick room due to the victim’s physical failure.

In other words, the defendant did not assault the victim.

2. In light of the spirit of the principle of substantial direct cross-examination adopted by the Korean Criminal Procedure Act, unless there are extenuating circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence conducted by the time the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly unreasonable, the appellate court should respect the first instance court’s determination on

(2) On November 24, 2006, 2006, 2006Do4994, Nov. 24, 2006). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the victim statement from the investigative agency to the court of the court of the court below that the defendant was drinking at two times by drinking the victim; ② the victim was present at the court of the court of the court below as a witness, and the defendant was present at the court of the court of the court below, and made verbal abuse to the victim, and made the victim's personal seal. The victim's statement was threatening to the victim even before the direct time. ③ the witness E also stated in the court of the court below that the victim was present at the scene where the defendant was living in the court of the court of the court below, and ④ the witness F was present at the court of the court of the court below to display the victim's personal seal to the victim.