The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the victim D, first of all, spreads water through a studs used in cleaning the restaurant floor at the time, and then spreads the Gu administration water, etc.; and (b) the victim, who threatened the victim, was faced with a knife inside the floor immediately after shooting, decomposition, and thus, did not have any intent to assault or threaten the victim.

The judgment of the court below which found the defendant guilty of assault and special intimidation is erroneous in the misapprehension of facts.

2. 판단 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 사정들, 즉 피해자는 자신의 배우자가 운영하는 이 사건 식당에서 지배인으로 있던 피고인과 수익금 분배 문제로 분쟁이 있던 중, 2016. 2. 3. 식당 주방에서 음식물을 버리고 있던 피고인을 발견하고 이를 항의하며 사진 촬영을 하자 갑자기 피고인이 호스로 물을 뿌려 댔고, 자신이 이에 대응하여 주방 하수 구의 물을 뿌리자 피고인이 식칼을 들어 찌를 듯 달려들며 서로 멱살을 잡고 싸우게 되었다고

In light of the fact that the defendant himself made a statement, the defendant's act of spawning water and gathering a knife by spawning water in spawn with the victim's spawn, and the act itself was recognized, but the defendant made a vindication to the effect that there was a reason to spawn such as inducing the victim. In fact, the CCTV video data in the above spawn is confirmed as well as the above act by the defendant's above, each act constitutes sufficient exercise of force that constitutes a crime of assault and a special intimidation and a threat of harm and injury, and there is no error of law by mistake

The defendant's assertion disputing this is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal for conclusion is without merit.