The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim, who is a misunderstanding of facts, driven away the Defendant who was getting off from the taxi and got out of the taxi, and the Defendant attempted to get out of the taxi. While the victim was tryed to get out of the taxi, the victim was not able to get out of the bar, and the victim was able to get out of the seat of the boundary, and the victim was forced to get out of the bar, and there was no fact that the victim got out of the boundary, such as written in the facts charged, and the victim was in excess of the boundary.

In light of the fact that the defendant was driving away even after a disaster, it cannot be said that he suffered injuries, such as cage cages, etc.

B. In light of the legal principle, the Defendant’s act is merely a passive act of resistance, and thus constitutes a justifiable act under the Criminal Act.

C. A victim who has used active violence of unreasonable sentencing has been suspended from indictment, and the Defendant has no particular criminal history, and the instant crime requires a further cycle from getting on and off a taxi on the house.

Considering the fact that the defendant's expenses incurred, and the fact that the defendant's pregnant wife and his/her father must support his/her married couple, the punishment of the court below (1.5 million won of the fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant was investigated by the police immediately after the crime of this case and asked the background of the fighting to question whether the defendant was involved in the fighting. The defendant asked that "I am satis or the other satis on the floor and put the other satisfe on the floor by bating the satch. I am with the president of the nearby head of the satisfy, and the fighting has been terminated." In other words, I asked the defendant whether the defendant was involved in the satisfe at the floor. There is no fact that the satisfe was damaged on the floor." The victim himself on the floor.