The defendant's appeal is dismissed.

1. The court below rendered a judgment dismissing a public prosecution regarding each of the facts charged in the instant case, and sentenced guilty of a special assault. Regarding this, the defendant filed an appeal only regarding the guilty part, and the dismissal part of the indictment became final and conclusive as it is because both the defendant and the prosecutor did not appeal the dismissal part of the public prosecution. Thus, the scope of the court's judgment is limited to the guilty part of the judgment below.

2. Summary of reasons for appeal;

A. Although the Defendant was not guilty of assaulting the victim by carrying a knife with him, the lower court erred by misapprehending the fact and thereby convicted the Defendant.

B. Legal principles are erroneous in the misapprehension of legal principles, even if the defendant had a knife and assaulted the victim, in view of the relationship between the defendant and the victim, the attitude of the crime, the degree of danger of the victim at the time, etc., even though it is acknowledged that the defendant had a knife as stated in this part of the facts charged, the above knife cannot be deemed to be a "hazardous object"

(c)

In light of the various sentencing conditions of this case, the sentence of 8 months sentenced by the court below to the defendant is too unreasonable.

3. Determination

A. In light of the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the victim E’s statement that corresponds to this part of the facts charged has credibility in light of the relevant circumstances. Therefore, the lower court erred by misapprehending the facts, such as the Defendant’s assertion.

It does not seem that it does not appear.

Ultimately, the defendant's assertion of mistake is without merit.

B. The risk of dangerous articles stipulated in Article 261 of the Criminal Act, which is determined as to the assertion of misunderstanding the legal doctrine, is determined by the other party or the third party when using the articles in light of social norms, depending on specific cases.