The defendant's appeal is dismissed.

The defendant who misleads the gist of the grounds for appeal does not assault the victim or injure the victim as stated in the facts constituting the crime of the original judgment.

At the time, the defendant was unable to move along due to traffic accidents, so the defendant was not in a position to exercise violence against the victim.

The sentencing of the court below's improper sentencing (the sentencing of 3 million won) is too unreasonable.

Judgment

A thorough examination of the evidence duly adopted and examined by the court below, such as the witness D, H, G, and I’s each original judgment’s statement and copy of diagnosis as to the assertion of mistake of facts, the defendant may assault the victim as stated in the facts constituting the crime in the judgment of the court below, and fully recognize the fact that the victim was injured. Thus, this part of the defendant’s assertion is without merit.

On the other hand, the witness L/N made a statement that corresponds to the defendant's argument in the court of the court below, but the court below rejected the credibility of the witness L/N's testimony and found the credibility of other witnesses' statements.

Based on the judgment, the defendant was pronounced guilty.

The appellate court shall respect the judgment of the court below on the credibility of the statement of the witness made at the court below in accordance with the principle of substantial direct deliberation adopted by the Korean Criminal Procedure Act, and the judgment of the court below on the credibility of the statement made by the witness at the court below was clearly erroneous in light of the contents of the judgment of the court below and evidence duly examined

Unless there are extenuating circumstances to see, or in full view of the results of the examination of evidence at the lower court and the results of the additional examination of evidence conducted until the closing of oral pleadings, maintaining the judgment of the lower court on the credibility of a statement made by a witness of the lower court is clearly unfair, the lower court’s judgment shall not be reversed without permission (see, e.g., Supreme Court Decision 201Do5313, Jun. 14, 2012).