The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant is not guilty of having inflicted an injury by assaulting the victim.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision and the evidence duly examined in the first instance court was clearly erroneous in the first instance court’s decision on the credibility of the statement made by the witness in the first instance trial in light of the contents of the first instance judgment and the evidence duly examined in the first instance trial.

Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of the further examination of evidence conducted by the court of first instance until the closing of pleadings, the appellate court should not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the judgment made by the appellate court (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). B. 1) The court of first instance should not reverse without permission the first instance judgment on the grounds that the first instance judgment on the credibility of the statement made by the witness of the first instance court is significantly unfair (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

Based on the judgment, this part of the charges was convicted.

2) However, in light of the contents of the lower judgment and the evidence duly examined by the lower court, the lower court clearly erred in its determination as to the credibility of the witness F and D’s statement in the lower court in light of the evidence duly examined by the lower court.

there are special circumstances to consider

In addition, the court below did not seem to have seen the result of the examination of evidence and the result of the further examination of evidence conducted until the closing of the oral argument at the court below.