The defendant's appeal is dismissed.

At the time of the summary of the grounds for appeal (fact-finding) there was no fact that the Defendant was fluoring the victim's arms, but was fluoring the victim's shoulder and chest, or fluoring the chest.

Judgment

The Defendant asserted the same purport as the above argument in the lower court, and the lower court rejected the above argument by explaining the grounds for its judgment.

The first instance court's judgment was clearly erroneous in the first instance court's determination when it was intended to re-examine the first instance court's judgment, although there was no objective reason to affect the formation of a documentary evidence in the process of the hearing.

There should be reasonable grounds to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules to maintain the judgment as it is, and without such exceptional circumstances, the judgment on the fact-finding of the first instance court should not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). There is no objective reason that may affect the formation of a new conviction in the trial, and there is no reasonable ground to deem that maintaining the judgment of the lower court is remarkably unfair in comparison with the evidence duly adopted and examined by the lower court and the content of the reasoning of the lower court.

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

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the defendant's appeal.