The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim, and B merely did not assault the victim because of concerns over fighting between the Defendant and the victim, and did not assault the victim jointly with the Defendant and B.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

B. The sentence sentenced by the court below to the defendant (the imprisonment of 10 months, the suspended sentence of 2 years and the community service order of 80 hours) is too unreasonable.

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts, the defendant argued the same purport as the grounds for appeal as to the above part, and the court below rejected it. In light of the above judgment of the court below compared with the records, the judgment of the court below is just and it is erroneous in the misapprehension of facts and the judgment affected the conclusion of the judgment

subsection (b) of this section.

B. Considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable even if there is no change of circumstances that may be considered in the sentencing after the lower judgment’s determination on the unfair argument of sentencing, and the various conditions of sentencing as shown in the records and arguments of this case are considered.

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.