The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles, the Defendant resisted the victim E, who is a taxi engineer, by viewing that the victim E, will be faced with himself/herself and has changed his/her family name, but the victim resisted, but there is an urgent and unfair infringement as the victim does not stop the taxi.

In order to defend the remainder of the infringement, the driver's seat bed twice with the hand floor in order to defend the infringement.

Nevertheless, the judgment of the court below that found the defendant guilty of the facts charged in this case without recognizing the defense against the defendant was erroneous or erroneous in the misapprehension of legal principles.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental or physical weakness or loss of mind and body.

2. Determination

A. The following circumstances are revealed according to the evidence duly adopted and examined by the lower court on the assertion of misunderstanding of facts or misapprehension of the legal doctrine.

(1) A victim E, who is a taxi engineer, was assaulted by a guest.

112 After the report in 112, the Defendant was present at the police immediately, and the Defendant was required to make a left turn to the right at the destination directed by the Defendant at the time of the crime in this case, and the Defendant stated that the Defendant “if left to the left, to the other place.” The Defendant continued to take a desire after the Defendant, and her own “in the front of the gas station, to the place of dinth”;

죽여 버리겠다‘ 고 하며 주먹으로 피해자의 뒤통수를 연달아 두 대 때렸고, 폭행당한 직후 차를 우측에 댔더니 피고인이 다시 가보자고

The defendant started from the place of business, but the defendant left the vehicle at the time of the completion of the left-hand turn and died of the victim, and the face was taken through the window.

was stated.

(2) The aggrieved person shall cancel the complaint by mutual consent with the accused at the stage of investigation, and shall not attend the prosecution thereafter.