The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles1) The Defendant’s act does not constitute an act of attacking the victim by a passive act committed in the course of preventing a business obstruction in an unlawful manner. Thus, it does not constitute an element of assault. 2) Even if the Defendant’s act constitutes an element of assault, it is a legitimate act or self-defense to prevent a business obstruction by the victim.

3) Nevertheless, the lower court found the Defendant guilty of the Defendant’s act, and thus there is an error of misunderstanding of facts and misunderstanding of legal principles. Furthermore, even if the Defendant’s act of unfair sentencing is guilty, in light of the motive, circumstance, etc. of the instant crime, etc., the lower court’s punishment (including KRW

2. Judgment on misconception of facts and misapprehension of legal principles

A. As to the element of the crime of assault under Article 260 of the Criminal Act, the assault in the crime of assault refers to the exercise of unlawful tangible force against a human body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, the circumstances at the time of the act, the form and type of the act, the existence and degree of the suffering inflicted on the victim, etc.

(see, e.g., Supreme Court Decision 2009Do6800, Sept. 24, 2009). According to the evidence duly admitted and examined by the court below, the defendant can be found to have committed a conflict with each other due to a lease agreement with the victim, and the defendant can first recognize the fact that he was closely involved in the part of the victim's chest due to the elbane.

In light of the content and degree of the Defendant’s use of force, the circumstances at the time, and the degree of shock of the victim, the exercise of the above tangible force constitutes an unlawful attack on the human body.

B. The phrase “act that does not violate the social rules” as stipulated in Article 20 of the Criminal Act regarding the assertion of a justifiable act is either the spirit of the entire legal order or its hinterland.