The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts) is that the Defendant did not assault the victim, such as booming the victim’s breath by bating him/her with batling him/her, or speaking his/her face.

On the other hand, the Defendant brought a heavy wound in order to prevent the injured party from getting off his name tag and getting off his body, and only was the fact that the Defendant sponsed his body in order to prevent the victim who tried to get out his name tag away from the ground.

The court below found Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. The lower court, on the Defendant’s assertion of mistake of facts, directly reported and observed the victim E and D at the time of making a statement by examining the victim E and D as a witness, and directly reporting and observing the appearance, attitude, consistency, clarity, and accuracy of the statement, and the above witness’s statement concerning the facts charged in

The decision was determined.

In light of the spirit of substantial direct deliberation under the Criminal Procedure Act adopted by our Criminal Procedure Act, the appellate court should respect the first instance judgment on the credibility of the statement, barring any special circumstances. Even if considering the circumstances alleged by the Defendant, such as the circumstance where the Defendant’s fingerion was imminent, there is no circumstance to deem that the lower court’s judgment recognizing credibility is considerably unfair on the witness’s statement that the Defendant committed an act of assault like the instant facts charged.

Comprehensively taking account of the evidence duly admitted and examined by the court below and the trial court, including each of the above evidence, the facts charged of this case can be fully recognized that the defendant committed assault by putting the victim's face in a breath and flading with breath.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.