The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the judgment of the court below which found the defendant guilty of the facts charged is erroneous in misconception of facts, although the defendant did not have expressed a great desire to the victim.

2. In full view of the following circumstances acknowledged by the court of the lower judgment based on the evidence duly admitted and examined by the court below, it can be sufficiently recognized that the Defendant, among about 30 persons as stated in the facts constituting the offense in the judgment of the lower court, openly insulting the victim by taking the victim’s great desire.

Therefore, the defendant's assertion of mistake is without merit.

(1) The victim has made a very detailed and mutually detailed statement from the criminal investigation agency to the court of the court below regarding the reason why the victim is insulting from the criminal investigation agency to the court of the court below.

(2) G, which was in front of the red kyll, the place where the instant crime was committed, directly viewed the Defendant’s desire to commit the instant crime to the victim, and was reported to an investigative agency during that crime, and is consistent with the victim’s statement concerning the details of the crime and the circumstances after the crime.

(3) It is difficult to see that a victim or witness makes a false statement in referring to a false fact in order to mislead the defendant.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.