The defendant's appeal is dismissed.

1. The judgment of the court below which found the defendant guilty of the facts charged in this case, although the defendant did not assault or injure the victim, is erroneous in the misapprehension of facts which affected the conclusion of the judgment.

2. The following circumstances acknowledged by the judgment of the court below and the court of first instance by the evidence duly admitted and investigated by the court below, namely, ① the relationship with the defendant from the investigative agency to the court of original trial, the background leading up to the dispute between the defendant, the method of violence committed by the defendant, and the circumstances before and after the assault, etc., are somewhat specific and consistent, but the defendant makes a relatively consistent statement in relation to the crime of this case. ② The defendant stated in the prosecutor’s office that “I want to write down kn't't't't't't's clothes and gl'ssssssssssssssssssssssssssssssss, and g'sssssssss, which were found to be the same as the victim's g's g's body and g's g's g's body and g's g's g's body and g's g'sss g's body.