The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant is either when he or she is the victim or is not in secret.

2. Comprehensively taking account of the evidence duly admitted and examined by the court below and the court below, the defendant can fully recognize the fact that the defendant 1-2 times the shoulder of the victim with the hand floor as shown in the judgment of the court below.

Defendant’s assertion is without merit. A.

At the court below, the victim testified that he had the shoulder of himself while being called A, and even in the closed-circuit television images (which are attached to the investigation record No. 42) for the purpose of crime prevention taken at the time, the defendant can confirm the face (54 34 %) where he had the shoulder of his arms toward the victim (it is accompanied by the investigation record No. 42).

나. 현장에 출동한 구급차에 부착된 폐쇄회로 텔레비전 영상에 의하면 피해자의 왼쪽 어깨 부위가 빨갛게 상기되어 있는 것을 확인할 수 있고, 반면에 피고인의 주장과 같이 피해자가 자신의 왼쪽 어깨 부위를 세게 치는 장면은 발견할 수 없다.

C. On the other hand, the victim was only able to only check the left part of the shoulder or the part that can be lighted, and the fire fighter dispatched to the scene at that time also stated that the victim was unable to witness the situation by making the left part of the shoulder.

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.