The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실 오인 및 법리 오해 피고인은 이 사건 당시 피해자가 머리로 자신의 가슴팍을 들이미는 등 폭행을 가하자 이를 방어하는 차원에서 피해자를 밀쳐 냈던 것으로, 피고인은 정당 방위에 해당하는데도 피고인을 유죄로 인정한 원심에는 사실 오인 및 법리 오해의 위법이 있다.

B. The sentence of the lower court (an amount of KRW 700,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of misunderstanding of facts and misapprehension of the legal doctrine, the fact that the victim committed an act, such as taking the head of the Defendant is recognized.

In addition, according to the above evidence, the defendant's act of assaulting the victim's breath and booming several times is recognized. The defendant's act of assaulting the victim cannot be deemed as an act of considerable reason to defend against unjust infringement of his/her legal interests.

Therefore, the defendant's assertion is without merit, since the facts constituting the crime of the court below against the defendant can be fully recognized and the defendant's act cannot be viewed as a legitimate defense.

B. In full view of the circumstances leading up to the instant crime, the method and degree of assault committed by the Defendant against the victim, the injury suffered by the victim is relatively minor, the failure to reach an agreement with the victim, and other various sentencing conditions as shown in the instant argument, such as the circumstances after the crime, the Defendant’s age, sexual conduct, and environment, the lower court’s punishment is too too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.