The defendant's appeal is dismissed.

1. The decision of the court below which found the defendant guilty of the facts charged in this case is erroneous in misconception of facts, although the defendant did not assault the victim.

2. In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court can sufficiently recognize that the Defendant committed an assault against the victim as stated in the facts charged.

① 피해자는 원심 법정에서, “혼잡한 지하철 내에서 피고인이 한쪽으로 백팩을 메고 있어서 계속 부딪쳤다. 그래서 제가 말씀을 드렸는데 이어폰을 꼽고 있어서 못 들으셔가지고 제가 어깨를 이렇게 해서 불렀습니다. 그랬더니 어디에 손을 대는 거냐는 식으로 윽박을 지르고 욕을 하고 그렇게 돼서(중략)” “지하철 내에서 피고인이 멱살을 잡고, 우산으로 위협을 하였고, 도망하는 피고인을 추격해 붙잡았으나 피고인이 다리를 걸어 자신을 넘어뜨린 다음 주먹으로 얼굴 부위를 때렸다.”고 진술하였다.

This is the same as a written statement submitted to an investigation agency at the time and its purport, and the victim has consistently stated the fact of damage.

② At the time of the occurrence of the instant case, CCTV images: (a) the victim was made a telephone conversation with the cell phone from the front direction; (b) the victim was frightened by the Defendant, who was frightening the Defendant while making a telephone conversation with the cell phone from the front direction; (c) the Defendant went out of the cell phone without affixing a card; (d) the Defendant was moving fast to the subway exit connected to the E building; (e) the victim was shocked; and (e) the victim was exposed to the stairs leading up to the first floor; and (e) the victim was not the victim was not the victim; and (e) the victim was the victim was the victim was the victim’s statement, and the victim was the victim was the victim was the victim’s hick up to the ground level; and

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

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