A. Defendant 1) Although there was no misunderstanding of the facts that the Defendant 1 had a bat belt and inflicted an injury on the victim, the lower court convicted the Defendant of the instant facts charged, the lower court erred by misapprehending the facts.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. The lower court determined as to the Defendant’s assertion of mistake of fact that the statement made by the victim and witness is reliable, and according to the result of verification and the medical certificate of injury, etc., the bat level was in the injury of the victim, even if the bat level was not able to be seen as a bowling hole on the floor, and was faced with a serious injury to the victim.

Considering that it is reasonable to view it.

In light of the records, the above facts finding and judgment of the court below are just and acceptable, and there is no evidence to reverse the above facts, since it is difficult to believe that the testimony of the witness T is a good witness, or it does not interfere with the above facts constituting the crime, and there is no other evidence to reverse it, the above argument by the defendant is without merit.

B. Strict punishment against the Defendant is necessary in light of the fact that the nature of the instant crime is not good and that the damage was not recovered to the trial.

However, considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence imposed by the court below is deemed appropriate, and is too heavy or unreasonable, and the defendant's and the prosecutor's assertion are without merit. Thus, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and thus, Article 364(4) of the Criminal Procedure Act is not reasonable.