The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal doctrine) Defendant did not assault the victim’s face as stated in the instant facts charged, and the Defendant was physically and mentally lost or physically weak, where it is impossible to make a normal judgment due to his head of a traffic accident at the time.

Nevertheless, the lower court erred by misapprehending the facts charged or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. Examining the evidence duly adopted and examined by the lower court as to whether the Defendant assaulted the victim, in particular, the statements made by the victim C investigation agency, and CCTV video materials, etc., the lower court’s determination is justifiable, on the grounds that it sufficiently recognizes the fact of assaulting the victim as shown in the instant facts charged.

Therefore, the defendant's assertion that this part of facts is erroneous is without merit.

B. In light of various circumstances, such as the background of the instant crime established by the evidence duly adopted and examined by the lower court, the degree of injury inflicted by the Defendant due to a traffic accident, and the Defendant’s behavior before and after the commission of the instant crime, the Defendant had no or weak ability to discern things due to the injury caused by the traffic accident at the time of the instant crime.

It does not seem that it does not appear.

Ultimately, we do not accept the Defendant’s assertion of mistake of facts and misapprehension of legal principles as there are no grounds.

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