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 misapprehending the facts and affecting the conclusion of the judgment.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the victim has made a relatively specific and consistent statement from the investigative agency to the court of original trial, and the explanation of the situation does not seem to be contradictory or unreasonable, and there is no other special circumstance to deem that the victim has made a false statement in order to mislead the defendant, as stated in the judgment of the court below, it can be recognized that the victim has committed an assault as stated in the facts constituting the crime in the judgment of the court below. Thus, the judgment of the court below is just, and there is no error of law by misunderstanding the facts and affecting the conclusion of the judgment.

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.