A. In other words, the Defendant, by misapprehending the legal principles and mistake of facts, expected the body with the bath while the victim was under the influence of alcohol and continued to stop the victim with a double-defluence at a defensive level, and did not intend to do violence against the victim.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. In light of the following circumstances, the lower court’s determination on the assertion of misunderstanding of facts or misapprehension of the legal doctrine, and the evidence duly admitted and investigated by the lower court can be comprehensively acknowledged, the Defendant could have sufficiently recognized the fact that the Defendant intentionally sealed the victim’s chest by hand, and cannot be evaluated as constituting a legitimate defense.

Therefore, the judgment of the court below is justified, and there is an error of law by misunderstanding facts or misunderstanding of legal principles as alleged by the defendant in the judgment below.

It does not seem that it does not appear.

① At the time of the police investigation, the Defendant asked the victim whether he is in operation or not with a vehicle on which he was on board the chief class of the police investigation, thereby making a report on whether he would not refuse to take passengers because he would have been in operation or not.

A mobile phone contact was made, and even after the police officer had been at the site, the police officer continued to look at the vehicle window and opened the door of the vehicle and opened the door of the vehicle and was pushed down by hand, even if there was a distance from the vehicle.”

2. At the time of the police investigation, the victim reported that "the person was called for and called for the scene by the police officer due to his refusal to take passengers, and the person who was sitting at the chief place was able to open a door and take a two-way bath, and her chest was sent up by hand and her hand at least once.