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The defendant's appeal is dismissed.
All the costs of the original judgment and the trial shall be borne by the defendant.
Reasons
1. The summary of the grounds for appeal (the factual error) is smaller than the victim’s breath, but did not injure the victim’s bridge beyond the victim’s bridge.
2. Determination
A. In light of the relevant legal principles and the public trial-oriented principle, comprehensively considering the results of the first instance court’s examination and the results of further examination of evidence conducted until the closing of argument in the appellate court, the appellate court should not reverse without permission the first instance court’s judgment as to the credibility of the statement made by the witness in the first instance, unless there are exceptional cases deemed significantly unfair to maintain the first instance court’s judgment on the credibility of the statement made by the witness in the first instance (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010).
The judgment of the court below also asserted the same purport as the grounds for appeal in this case, and the court below rejected the defendant's above assertion and found the defendant guilty of the facts charged.
In light of the above relevant legal principles, a thorough examination of the evidence duly adopted and examined by the court below and the court below compared with the evidence, the above judgment of the court below is just and acceptable, and there is no other error of mistake of facts as alleged by the defendant in the judgment below.
Therefore, the defendant's assertion of mistake is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that there is no ground for appeal by the defendant. It is so decided as per Disposition by the application of Articles 191 (1), 190 (1), and the main sentence of Article 186 (1) of the Criminal Procedure Act on the burden of litigation costs incurred in