폭행
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal ( Violation of the legal scenarios or rules of evidence) presented by the defendant's defense counsel to the effect that the defendant's defense counsel contests unreasonable sentencing along with the assertion of mistake of facts after the lapse of the period for submitting the grounds for appeal, and thus, the court below's sentence is reasonable even
A. At the time of the instant case, the victim was pushed ahead of the victim's attempt to sit, and thus, the defendant was exposed to the victim's tending, and the victim was exposed to the face in order to escape the defendant.
However, the Defendant only pushed the part of the victim with his left hand in order to not speak about the victim's gambling.
B. Therefore, even if the Defendant did not have the intent to commit assault and the victim had the above act committed against the Defendant, it cannot be deemed as a assault. However, the lower court erred by misapprehending the legal doctrine or by violating the rules of evidence, thereby convicted the Defendant of the facts charged.
2. Determination
A. The court below rejected the defendant's assertion under the title "the judgment as to the principal claim", which is identical to the above legal principles or the grounds for appeal against the violation of the rules of evidence, and the court below rejected the above assertion. In light of the evidence and records duly adopted and examined by the court below and the court below, the judgment of the court below is just.
B. In addition, the evidence duly adopted and examined by the court below and the trial court and the following facts or circumstances recognized by the records, namely, (i) according to CCTV video images, the victim seems to have taken the position of making a telephone call by viewing the defendant, etc. and Handphones.