A. The Defendant, who was aware of the fact, was unilaterally assaulted by the victim D, and did not commit violence against the victim, as stated in the facts charged of this case, by breathing and pushing the victim’s breath.

The Defendant is aged 70 years old, and the victim was relatively young, so that he could not assault the victim. The Defendant merely took clothes in order to keep the victim out of assault, but did not reach the degree of assault.

The police report was made first by the defendant.

Nevertheless, the lower court erred by misapprehending the legal doctrine.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

가. 사실 오인 주장에 관한 판단 원심에서 적법하게 채택하여 조사한 증거에 의하여 인정할 수 있는 다음과 같은 사실관계, 즉 피해자는 경찰 조사에서 ‘ 피고인이 차량에서 내린 후 피해자의 차량으로 다가와 욕설을 하기에 피해자 또한 차량에서 내렸고, 그러자 피고인은 양손으로 피해자의 멱살을 잡아당기다가 양손으로 피해자의 가슴팍을 밀쳤으며, 이에 피해 자가 피고인의 멱살을 잡고 피고인을 밀쳤다.

In the lower court’s trial, “the victim was deprived of from the vehicle,” and the Defendant was pushed down and pushed down the victim’s breath.

The facts stated as "......" According to on-site CCTV images, 2017092159*2159,210,210.avi files of 154-146Hpool, 1554-146Hpool 201709-2159-210.avi file, 201709-210.210.avi file, 201709-210:00:01:06 (the two files are about one second time).

Second, the video of the file is more likely to identify the criminal scene. The defendant, after getting off the taxi he/she had driven, moved to the door-to-door truck operated by the victim, and the victim gets off the door-to-door truck.