The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is confirmed that there is no fact that there is no medical treatment for the victim, according to the statement on the medical records of the inmate with the mistake of fact, and since the victim's statement is not reliable, the fact that the defendant abused the victim as stated in the judgment of the court below cannot be recognized.

B. Legal principles are erroneous in the investigation and prosecution procedures, such as that the prosecution of this case was instituted without filing a complaint, and the investigation and prosecution are not conducted by a prosecutor, and the punishment number is not registered on the investigation career data.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant can sufficiently recognize the facts of assaulting the victim as stated in the judgment of the court below, as well as the statement at each court of original instance D, C, and E as to the assertion of mistake of facts. Thus, the defendant's assertion of mistake of facts is without merit.

B. The crime of assault under Article 260 of the Criminal Act, which judged the misapprehension of legal principles, cannot be prosecuted against the express will of the victim. However, even after examining the record, the victim expressed his/her intent to punish the defendant, and did not express his/her intention not to punish the defendant. The mere fact that the petition for accusation was not submitted separately, does not affect the procedure for indictment.

B. The remaining grounds for the Defendant’s assertion are all illegal grounds that affect prosecution or trial, and this part of the Defendant’s assertion is without merit.

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