A defendant shall be punished by imprisonment for three years.

A. In regard to the mistake of facts or misapprehension of legal principles, the defendant only passively defended the victim's violence, and did not have the intention of assault.

Even if the intent of assault is recognized, the defendant's act constitutes self-defense or legitimate act.

B. At the time of physical and mental disorder, alcohol had a state of mental disorder.

C. The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) The Defendant asserts that the crime of assault was erroneous or misunderstanding of legal principles in the first instance trial. In other words, the Defendant attempted to intrude the victim’s residence and to detect and flee from the glass door. However, the Defendant put the victim with each item in the last place, and put the victim’s arms against the Defendant so as not to prevent the Defendant from putting the Defendant under each item, and there was no criminal intent of assault, and even if not, the Defendant’s act constitutes self-defense or legitimate act. (2) According to the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant’s act was committed against the victim with intent to escape from the victim, which is sufficiently recognized as an act of assaulting the victim’s intent to commit an offence beyond the mere means of defense, and the Defendant’s act cannot be deemed as an act of self-defense or a reasonable act of self-defense in light of social norms or social norms.

Therefore, this part of the defendant's argument is without merit.

① The victim stated in an investigative agency for the following purposes:

"At the time, the victim was locked at the house, but the sound of the glass is broken, and the defendant's crepan is the crepan of the glass.