The defendant's appeal is dismissed.

1. Although the summary of the grounds for appeal did not assault the victim's sump and chest due to his head, the court below found the defendant guilty of the facts charged in this case. The court below erred in the misapprehension of facts.

2. Determination

A. On June 18, 2017, around 13:50 on June 18, 2017, the summary of the facts charged in the instant case: (a) the Defendant assaulted the victim’s sect, chest, etc. with his head during the trial, on the ground that the Defendant was using in the five-story toilet of the hospital D Hospital located in Busan-gu Busan Metropolitan City, for drinking water.

B. In light of the following circumstances acknowledged based on the evidence duly admitted and investigated by the court below and the court below, the judgment of the court below is just and acceptable, and there is no error of misconception of facts as alleged by the defendant.

① The victim consistently stated the following from the investigative agency to the court of first instance.

The injured party was tightly sealed by the Defendant’s head, and caused the Defendant’s neck by hand (Evidence Nos. 11, 12, 1, and 2). The contents of the statement made by the injured party may be specific, consistent, and naturally reliable.

(2) The circumstances in which the defendant was suffering from the victim are consistent with the victim's statement of damage.

Defendant also has also been aware of the fact that the victim and the victim have committed a conflict with the victim while she resisted the victim with his/her three sides of water (Evidence No. 23 pages, etc.). (3) At the time of traffic accident, the Defendant was unable to use his/her hair with the victim because he/she was in a state of her three ties.

c) a change;

However, in light of the following circumstances, the defendant assaults the victim at the time.