The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the misunderstanding of facts, the Defendant was assaulted by the victims and did not assault the victims in the course of leading the victims.

B. The punishment sentenced by the lower court (six months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mistake of facts, the court below's judgment that convicted the defendant is just, and the defendant's assertion of mistake of facts is not accepted.

B. There is no special circumstance or change of circumstances that can be newly reflected in the sentencing after the judgment of the court below on the unfair argument of sentencing.

Even though the degree of assault by the Defendant is not serious, in light of the background of the instant crime, circumstances before and after the instant crime, etc., the Defendant’s nature is considerably poor, and the Defendant still still has a criminal record more than 10 times (including two times before suspension of execution), and most of them are criminal records related to violence, and other various sentencing conditions indicated in the instant records, such as the Defendant’s age, sexual conduct, intelligence and environment, and relation to the victim, etc., the sentencing of the lower court does not seem to have exceeded a reasonable discretion.

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.