A. misunderstanding of facts and misunderstanding of legal principles do not support the victim's part on one occasion and did not cause the victim to face with Twitler. Therefore, the victim's injury, such as the facts stated in the judgment, cannot be recognized.

In addition, even though the defendant was engaged in the flabing of the victim, it is merely a passive resistance and thus constitutes a legitimate act under Article 20 of the Criminal Act, the judgment below which found the defendant guilty of the facts charged of this case is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (700,000 won of fine) is too unreasonable.

2. Determination

A. The following circumstances can be acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts: ① the victim stated in the court below that he was faced with her arms on the wind side that he was pushed by the defendant, ② according to the victim's written diagnosis of injury issued on the day of this case, the victim claimed for the pass of the left part part, ③ the video of the victim's bodily injury on the left part of the victim on the day of the above injury diagnosis statement and the day of this case, ③ the video of the victim's bodily injury on the back part of the victim's body, consistent with the part of the victim's statement, ④ the CD (CCTV image) as a result of the CD (CCTV image), and it is recognized that the victim was faced with the victim's bodily injury by taking into account the following facts.

Therefore, the judgment of the court below to this purport is just and acceptable, and the defendant's above assertion is not justified.

B. Regarding the assertion of misapprehension of legal principles