The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실 오인 및 법리 오해 피고인은 피해자가 피고 인과의 시비를 이유로 경적을 울리고 상향 등을 깜빡거리며 피고 인의 차량을 추월하여 피고 인의 차량 앞을 가로 막는 등 난폭 운전을 하여 피해자를 경찰서에 데리고 가기 위해 피해자의 멱살을 잡았을 뿐 피해자를 폭행하려는 고의가 없었고, 설령 피고인에게 폭행에 대한 고의가 인정된다 하더라도 이는 피해자의 난폭 운전에 항의하기 위한 것이었으므로 사회 상규에 위배되지 않는 정당행위에 해당한다.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misapprehending the facts or violating the legal principles as to the legitimate act.

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

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of facts and legal doctrine, the lower court: (a) went beyond the center line of the victim’s taxi which was stopped and stopped on the ground that the taxi of the victim was obstructed and checked at a distance of one-lane in front of the Defendant’s vehicle while driving the vehicle; and (b) went ahead of the victim’s taxi, and (c) the victim “the driver must walk the taxi.”

The fact that “the injured party has expressed an desire to do so,” and the fact that the Defendant and the injured party used the breath of the Defendant’s vehicle, thereby blocking the front of the Defendant’s vehicle, and then, the Defendant could recognize the fact that the Defendant was shaking the victim’s breath, while the Defendant and

According to the above facts, it can be sufficiently recognized that the defendant had committed an assault against the defendant at the time of the victim's breathing, and in light of the circumstances surrounding the dispute between the defendant and the victim, there is no room to regard the above act by the defendant as a justifiable act that does not violate social norms.

Therefore, the defendant's above assertion is without merit.

B. The victim is also the defendant who made a judgment on the unfair argument of sentencing.