The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the facts of the lower judgment’s crime No. 1, misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant, at the time, tried to discover and restrain the victim D (hereinafter “victim”) from filminging and defending them, and exercised physical power against the victim to arrest the victim as an offender in the act of committing an offense, and thus, constitutes a legitimate defense or legitimate act under the Criminal Act, and thus, the lower court erred by misapprehending the legal doctrine, thereby finding the Defendant guilty of this part of the facts charged.

B. Even if all of the facts charged in the instant case are found guilty, the sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. We examined the judgment of the misunderstanding of facts or misapprehension of the legal principles. At the time of the instant case, the victim was taking the scambling of the scam, or the victim abused the Defendant first.

There is no objective evidence to view, and comprehensively taking account of various circumstances that can be confirmed by the evidence duly adopted and investigated by the court below, such as the method and degree of violence used by the defendant in wrapping with the victim, the part and degree of the victim's injury at the time, and the circumstances leading to the defendant's commission of the crime, the defendant's act of defending the defendant's injury to the victim, such as the crime No. 1 of the judgment below, and the defendant's act is an act to defend the current unfair infringement

However, it is difficult to view it as an act that does not violate social norms and constitutes a legitimate defense or legitimate act.

Therefore, the defendant's mistake of facts or misapprehension of legal principles is without merit.

B. The Defendant had a record of having been subject to criminal punishment several times due to sexual assault crimes, etc., and an agreement with the victims.