폭행
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not commit an assault, such as misunderstanding of facts and misapprehension of the legal doctrine) that did not constitute a victim’s flaps or flaps.
On the other hand, the defendant intentionally resisted that he did not board a bus, and the defendant did not intend to commit an act of assault because he did not intend to commit an act of assault on the part of the victim.
2) Since the defendant's act was conducted in the course of making a legitimate objection against the victim's unfair behavior, illegality is excluded.
B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.
2. Determination
A. Determination on the misunderstanding of facts and legal principles 1) In the crime of assault as to whether there was an intentional act of assault and assault as stated in the facts charged, whether or not there was an intentional act of assault and assault as to a human body ought to be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, mode and type of the act, the existence and degree of pain inflicted on the victim (see Supreme Court Decisions 2008Do4126, Jul. 24, 2008; 2009Do6800, Sept. 24, 2009). The evidence duly adopted by the court below and duly examined by the court below reveals that the defendant committed assault, such as an intentional act of assault and an intentional act of assault, etc., such as an intentional act of the victim, and an intentional act of assault between the defendant and the victim, the circumstance leading up to the conflict between the act and the victim, the degree and degree of damage inflicted on the defendant at the time of the act, etc.
Therefore, this part of the defendant's argument is without merit.
2) The Defendant, as to whether the Defendant’s act of assault by the Defendant constitutes a legitimate act, is in the process of making an appraisal by reason that the victimized person had gone through a stop, and demanding it from him.