The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, as indicated in the facts charged in this case, did not flick the victim’s breath, and was flicking the victim’s shoulder until the police went to the scene to speak the victim who assaults D. Even if the above act constitutes a crime of assault, it is not illegal as a legitimate defense or legitimate act under the Criminal Act. Thus, the judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, ① the victim’s personnel is not mentioned as why D would not first be the victim’s personnel, and the dispute between the victim and D began. ② The victim, who was consistently from the investigative agency to the court of the court of the court of the court below, consistently sealed the Defendant’s flaps by hand.

statement, (12 pages of evidence, 38, 39 pages of the record), was at the time of the

D also reported its form that the defendant was dissatisfied with the victim, and franchising of the victim.

In full view of the facts stated in the judgment below, it is recognized that the defendant committed an assault against the victim as stated in the judgment below, and in addition, in light of the circumstances leading up to the defendant's crime, the circumstances after the crime, and the degree of the use of violence, etc., the police officer F dispatched to the scene of the victim's statement (46 pages of the record of trial), and the defendant's act cannot be deemed as a legitimate act or the defense of a political party, and thus, the defendant's assertion of facts is erroneous.