The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that recognized the facts of this case based on the victim's statement that is not reliable, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment, even though the defendant did not assault the victim on the date stated in the facts of the crime in the judgment of the court below or inflict an injury upon the victim

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. The lower court’s determination on the assertion of mistake of facts 1) acknowledged all the facts charged of the instant case by admitting the following circumstances comprehensively based on the evidence as stated in its reasoning. A) In relation to the fact of assault, the lower court can be recognized as charges of assault in view of (i) the Defendant, at the time when the police officer received the victim’s report and attempted to leave the D cafeteria; (ii) the victim was about to find out; (iii) the police officer called out at the time of physical conflict between the Defendant and the victim; (iv) the two students, who were only at the time of physical conflict between the Defendant and the victim, were at the time of the victim’s statement; (iv) the victim’s attitude does not seem to distort the case itself, but the content of the statement is concrete and the overall statement attitude may be believed.

In relation to the injury, ① the Defendant also acknowledges that when the Defendant and the victim were in the D cafeteria or when the victim got in the JJ belt, the victim did not get out of his house; ② the police officer first called the D cafeteria and sent the victim, there was a little degree of ices on the left side of the victim when the police officer called out to the D cafeteria, but there was no trace of other injury, such as the cherbing of the nose, and ③ the victim c) eventually dump in his house and ask her clothes.