The defendant's appeal is dismissed.

1. The sentence imposed by the court below (one year of suspended sentence in four months of imprisonment) is too unreasonable.

2. The judgment of the court below is in favor of the defendant's confession of the crime of this case and the victim is not wanting to punish the defendant. However, although there are favorable circumstances such as the defendant's confession of the crime of this case, the defendant has been sentenced six times to imprisonment, and there are several criminal records including criminal punishment, the defendant committed the crime of this case without being aware of even though he was in prison, and the defendant committed the crime of this case for minor reasons. The crime of this case was committed by assaulting and injuring a prisoner for a minor reason, and the nature of the crime is not good. The court below already decided to suspend the execution of imprisonment in consideration of favorable circumstances for the defendant, there is no special circumstance or change of circumstances that can be newly considered after the sentence of the court below, the defendant's age, sex, environment, motive, means and consequence of the crime of this case, the circumstances after the crime of this case and all the sentencing conditions mentioned in the theory of changes, it cannot be deemed unfair by the court below's without being sentenced to punishment.

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.