A. In light of the legal principles, the Defendant first resisted the victim with trial costs on two occasions in the course of protesting the victim, which constitutes a legitimate defense or legitimate act.

Nevertheless, the lower court convicted the Defendant by misapprehending the relevant legal doctrine.

B. Even if the sentencing is found to be guilty, the lower court’s punishment (amounting to KRW 700,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of misunderstanding of legal principles, the defendant was able to recognize the fact that the defendant was able to take the time when he saw the victim's desire for the first time at the head office of this case on the day of this case. In light of all circumstances, such as the background, motive, means, method, degree of damage, etc. of the crime of this case, the defendant's legitimate defense or legitimate act cannot be accepted.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged is just, and there is an error of law by misunderstanding the relevant legal principles as alleged by the defendant.

Therefore, we cannot accept the Defendant’s assertion of misapprehension of the legal principles.

B. In full view of the following: (a) the fact that the damage was not recovered to the trial of the judgment on the unfair argument of sentencing; (b) there was no special change in circumstances after the sentence of the judgment below; and (c) the Defendant’s age, sex behavior, occupation and environment; (d) motive and background leading to the instant crime; (e) the degree of assault and violence; and (e) the circumstances after the commission of the instant crime, etc., the sentence of the court below is too unreasonable and unreasonable.

Therefore, we cannot accept the defendant's unfair argument of sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.