The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant was smugglinged with the victim, and there was no assault against the victim, such as the facts charged, and the Defendant did not carry the knife at the time.

In addition, the sentence imposed by the court below is too unreasonable.

2. Determination

A. First of all, we examine whether the Defendant abused the victim.

According to the evidence duly adopted and examined by the court below, in particular, the victim and H's statement, it can be acknowledged that the defendant took the victim's face and took part of the victim's chest once.

Next, we examine whether the defendant carried a knife at the time of assaulting the victim.

피해자는 ‘ 피고인이 자신을 때릴 때 한 손에 어떤 기구 같은 것을 흰색 천으로 감싸서 들고 있었다’ 고 진술하고 있고, 당시 피고인을 달래 어 밖으로 데려간 H은 수사기관에서 ‘2m 정도 거리에서 피고인이 한 손에 휴지를 들고 있었는데 그 안에 뾰족 한 칼이 있는 것을 분명히 보았다’ 고 진술하였다.

In addition, the defendant visited the victim's house twice, and the victim and H were at the time of the defendant's first visit by the investigative agency at the time of the defendant's first visit.

According to CCTV at the time, at the time, it is confirmed that the defendant was spawn and ging against one hand of the Myanmar objects at the time of the first visit of the victim's house.

In full view of these circumstances, it can be recognized that the defendant carried a knife at the time of assault against the victim.

Defendant’s assertion of mistake is rejected.

B. While the Defendant was detained in the instant case, the Defendant was subject to disciplinary action in prison by engaging in abusive or assaulting another prisoner.

In addition, considering the conditions of sentencing as shown in the records and arguments of this case and the reasons for sentencing of the judgment of the court below, the defendant is on the grounds for appeal.