The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court determined that a special assault was committed against the Defendant on the ground that the victim, first of all, misunderstanding of the fact, citing her hand to defend the Defendant by attacking the Defendant, and even though she did not have the fact that the victim saw her to her hand or the victim was her flick.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of fact: “A person carrying a dangerous object” in Article 261 of the Criminal Act refers to the case where a person carries a dangerous object under the intent to use at the scene of the crime or carries a person’s body (see Supreme Court Decision 2002Do1341, Jun. 14, 2002) with the intent to use at the scene of the crime (see, e.g., Supreme Court Decision 2002Do1341, Jun. 14, 200).

Therefore, regardless of whether the injured person was in contact with the above-mentioned situation, it constitutes a case where the injured person committed an assault by carrying a dangerous object under Article 261 of the Criminal Code.

Therefore, the defendant's assertion is without merit.

B. The Defendant had a record of having been punished several times for the same crime, and the Defendant’s act was conducted for simple defense, such as the Defendant’s assertion.

It is difficult to see that there was no big damage, but it is difficult to see that there was a knife a person in a state of knife his hand, which in itself is highly dangerous, and that there was an agreement with the victim.

There is no circumstance to view, and even considering the various conditions of sentencing indicated in the records of this case, the lower court’s sentence is too unreasonable.