The defendant's appeal is dismissed.

1. The court below found the defendant guilty of the facts charged of this case in spite of the fact that the defendant did not trace the victim D's flapsing. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the victim D stated in the investigative agency to the court of the court below that “the defendant saw the victim’s fat,” and ② the witness E also stated in the investigative agency to the court of the court of the court below that “the defendant fatdd the victim’s fat,” and consistent with the victim’s statement, it can be sufficiently recognized that the defendant committed an assault by fating the victim’s fat, as stated in the facts charged in the instant case.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.