The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Although the defendant did not assault the victim by less than the back of the victim, the court below which found him guilty of the facts charged of this case has erred by misunderstanding of facts, which affected the conclusion of the judgment.

2. Determination

A. The judgment of the court below is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below. ① The victim seems to have been thought of simple sea learning between men without recognizing the first case as a "Assault" which can be legally punished, and the victim came to have been aware of the fact that he suffered an assault after he became aware that he was damaged by the assault, and then he was relatively consistent and concrete with the statements consistent with the facts constituting the crime in this court. ② Even if the victim was punished by a fine (500,000 won) due to the recognition of the assault against the defendant in this case, it is difficult to readily conclude that the victim made a false statement about the defendant while the victim was under criminal liability with no accusation or perjury. In this case, the victim was found to have been guilty of the facts constituting the crime in this case. However, since the victim did not think that he was actually aware of the fact that he had reported the Defendant to the police, the victim did not know that he was within the subway, and thus, the victim's act was no longer known to the police officer's back.