The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles find that the victim E tried to resist about how the victim E gets in person before the day before the case, and only there is a trace of the victim's back, and there is no fact when the victim was in person as stated in the facts charged, and the above act does not result from the realization of a violent habit that has no reason.

In addition, it is difficult to believe that the victim's statement in the court below is insufficient, and according to the fact-finding inquiry reply, the victim has not received medical treatment after the issuance of a medical certificate, so the victim cannot be recognized.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court on the assertion of mistake of facts and misapprehension of legal principles, the fact that the Defendant inflicted an injury on the victim as stated in the facts charged may be recognized.

(1) The victim E stated in the police that the Defendant committed an assault, such as his back, knee and knee-kneeing in a number of times.

② Since then, the victim stated in the court of the court below that “the defendant was able to take back the victim’s back back back and scam the victim’s back. It would be somewhat consistent in the court of the court below, such as: (a) whether the defendant was at the time of her scambuck; and (b) whether the defendant got knenebbbbbucks.”

However, in light of the fact that the victim voluntarily made a statement favorable to the defendant because he did not ask the defendant prior to his testimony or did not receive punishment from the defendant in the process of his testimony, the victim's statement was reduced in favor of the defendant, and its statement was somewhat inconsistent.