The defendant's appeal is dismissed.

1. The summary of the grounds of appeal (in fact-finding) of the Defendant: (a) although the Defendant assaulted the victim; (b) did not have the victim on the ground of the charge of special assault of this case; (c) did not have the intent to assault the victim using stones; (d) did not have the victim on the ground that he was aware of the victim on the ground that he did not want criminal punishment against the Defendant; and (d) on the other hand, the victim did not want criminal punishment against the Defendant, the judgment dismissing the prosecution of the Defendant ought to be pronounced.

Nevertheless, the court below found guilty of the facts charged of special assault of this case. The judgment of the court below is erroneous in misconception of facts.

2. Determination

A. The Defendant asserted the same purport as the above grounds for appeal even in the lower court.

As to this, the court below duly adopted and examined the following circumstances, i.e., (i) the victim made a statement consistent and specifically consistent with the facts charged of special assault of this case from the investigative agency to the court below, (ii) the witness G was present at the drinking place, and the horse fighting between the defendant and the victim came out of the indoor package, thereby leading them to the crime of this case. In the court below, the witness G testified in the court below stated that "I am at the middle of the surplus where the defendant and the victim interfered with the horse fighting. I am at this time, I am in the middle. I am the (the defendant) I am in the manner that I am in the (I am in the middle). I am above the (I am in the middle of the moment I am in the way I am am in the middle. I am we am in the middle, and "I am in the way I am am in the state of drinking and am in the middle."