The defendant's appeal is dismissed.

1. Although the defendant did not assault the victim as at the time of the original judgment, the judgment of the court below which found the defendant guilty is erroneous in erroneous determination of facts.

2. The judgment of the court below is based on the following circumstances, i.e., ① the victim made a concrete and consistent statement in the investigative agency and the court below to the effect that “the victim was scam and scam the victim’s chest,” and ② the victim was scambling despite his/her request, and ② the defendant argued that the victim was scambling due to his/her behavior, but even if the defendant’s behavior, the victim’s scam was cut down (11~12 pages of the evidence record) was merely cut down (11-12 pages of the evidence record), and it appears that the defendant was scambling the victim’s body due to his/her force, such as the victim’s scambling or scambling, etc., it can be acknowledged that the defendant used the victim’s force as at the time of original judgment. Thus, the above argument is without merit.

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