The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, was merely a scambling of the victim, and did not assault the victim as described in the instant facts charged.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. Even if a crime of assault against a defendant for an unfair sentencing is established, the sentencing of the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the court below as to the assertion of mistake of facts, the court below duly adopted and examined the evidence and the evidence, namely, the victim's statements in the investigative agency and the court of the court below, which correspond to the facts charged of this case, are specific and consistent and are highly reliable, and the witness E's statement in the court below also conforms to the victim's statement and supports the credibility of the victim's statement, it can be recognized that the defendant used the victim's assault in the same manner as the facts charged at the time and place stated in the facts charged of this case. Thus, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error

Therefore, the defendant's assertion of mistake is rejected.

B. Although there are no circumstances that may be considered in light of the circumstances, such as the absence of the degree of assault as to the wrongful assertion of sentencing, the crime of this case was committed even though there was a history of punishment several times for the same crime, and the victim did not agree with the victim, there is no special circumstance or change of circumstances that may be newly considered in sentencing after the sentence of the lower judgment, and the Defendant’s age, sex and behavior, environment, and motive, circumstance, means, and consequence of the crime of this case.