The defendant's appeal is dismissed.

1. The main point of the grounds of appeal is only the wife who suffered from the victim's escape while the victim escaped from the defendant, and the defendant did not assault the victim as stated in the facts charged.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly deemed unreasonable in full view of the results of the first instance examination and the results of further examination of evidence conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance judgment on the grounds that the first instance judgment on the credibility of a statement made by a witness of the first instance is different from the appellate court’s determination (see Supreme Court Decision 2011Do5313, Jun. 14, 2012).

Judgment

원심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정들 즉, ① 피해자는 원심 법정에서 ‘택시를 타려고 했는데 택시 타기 전에 가구점 셔터 있는 곳에서 피고인이 자신을 밀치고, 주먹과 발로 가슴과 다리를 수회 때렸다. 피고인이 치고, 밀치고, 넘어뜨렸다.’고 진술하였고, 수사기관에서도 '피고인이 자신을 밀쳐 넘어뜨리고 발로 가슴부위를 찼고, 맞지 않으려고 일어나자 다시...