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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal (the mistake of facts or misapprehension of legal principles, and unreasonable sentencing)
A. The Defendant had a misunderstanding of facts or misunderstanding of legal principles only the fact that the victim gets frighten in order to resist the Defendant’s breath by cutting down the bat and cutting down the bat, and there was no other fact that the victim dump was frighted once or dump by selling the part of the victim’s dump as stated in the facts charged.
In addition, there is no causation between the defendant's act and the victim's injury, and the defendant's act constitutes self-defense.
Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous by misunderstanding the facts or by misunderstanding the legal principles.
B. The sentence imposed by the court below on the defendant (the fine of KRW 1,00,000) is too unreasonable.
2. Determination
A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below as to whether the defendant committed an assault against the victim, the defendant's assertion of mistake of facts is not accepted. A) The victim was at the time of the instant case from the investigative agency to the court below, due to the change of the victim's vehicle at the time of the instant case, the victim was at issue in the front of the victim and the victim's vehicle. Since the victim was at the time of the instant case, the victim was at the time of the instant case's change of the vehicle at the time of the court below, the victim was at the time of the instant case, and the victim was at the front of the victim's vehicle. Since he was physically fighting thereafter, the defendant was able to take the body, but the defendant was able to take the breath of the victim's breath, and made a relatively concrete and consistent statement that
(Evidence Records 9 pages, 10 pages, 15 pages, 16 pages, 75 to 79 pages of the trial records) B above the victim.