The defendant's appeal is dismissed.

1. Although the defendant did not assault the victim, the court below found him guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. The crime of assault prescribed in Article 260 of the Criminal Act refers to the exercise of tangible force against a person's body. Considering the following circumstances revealed by evidence duly adopted and investigated by the court below and the court below, the defendant sufficiently recognizes the fact that the defendant was physically aware of the victim's body and the face part of the victim's face by hand when the victim's chest was faced with the victim's chest.

① The victim, from the investigative agency to the court of the court below, has credibility in the statement by consistently stating the victim’s face at his hand on the day of the instant case, and the fact that the victim’s chest was taken by his head on the day of the instant case.

② 이 사건 당시 상황이 녹화된 CCTV 영상에 의하면, 피고인이 2013. 3. 8. 10:52경 피해자 사무실 출입문 부근에서 모자를 쥔 손으로 피해자의 얼굴 부위를 때린 사실과 같은 날 11:00경 피해자 사무실 내부에서 피해자의 가슴을 머리로 들이 받은 사실을 확인할 수 있다.

(3) The defendant's act is an active attack as an exercise of tangible force against the victim in light of the situation at the time of such attack.

Therefore, the defendant's assertion of mistake 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 ground that it is without merit. It is so decided as per Disposition.