The defendant's appeal is dismissed.

1. Although the defendant did not assault the victim, the court below erred by assaulting the victim.

The judgment of the court below is erroneous in finding facts.

2. The victim, prior to the instant crime, had been infinite between the Defendant and the Defendant, appears to have been infinited with the attorney-at-law to provide consultation thereon.

그러나 피해자가 이 사건 범행 직후에 바로 경찰서에서 피고 인의 폭행사실을 진술하였고, 그 내용은 ‘ 피고인이 집에서 나가려는 피해자의 뒷덜미를 잡아끌어 바닥에 엉덩방아를 찧게 하였고, 피해자의 목을 졸라 몸싸움을 하다가 집에서 뛰쳐나왔으며, 비상 구로 한 층을 내려가서 엘리베이터를 탔다’ 는 것이었다.

The victim stated in the court of the court below to the same effect without any addition to the content.

Meanwhile, even if the CCTV of apartment elevator submitted by the defendant was cut from the 23th floor when the victim gets into the house, but the elevator was cut at the 22th floor. At the time, the elevator was stopped on the 22th floor, and the victim was cut off the elevator door on the elevator floor, and was engaged in actions such as putting the head of the elevator on the elevator.

In light of these circumstances, the statement made by the victim that the victim led the victim who the defendant want to get on his house, fighting the body, and fighting the body, and gets down from the house and gets on the elevator, is credibility.

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

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