The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the grounds for appeal by mistake of facts and misunderstanding of legal principles are limited to mistake of facts, but the grounds for appeal are examined as a whole, and the illegality of the defendant's act constitutes a justifiable act, and thus, the grounds for appeal by misunderstanding of legal principles are excluded

§ 302.)

The Defendant did not assault the victim, as stated in the facts charged, and the victim did not do so on the part of his/her shoulder, but in the process of assaulting as if he/she gets off his/her shoulder on the part of his/her shoulder, the Defendant’s act constitutes a justifiable act.

2. Determination

A. According to the various evidences adopted and examined by the court below and the court below, in particular the witness B and the victim C's legal statement, the fact that the defendant's breast part of the victim's breast part is sufficiently recognized as being drinking in several times during the dispute with the victim.

B. The Defendant, first of all, respondeded to the victim’s physical contact during the process of assaulting the victim himself and setting up his passive defense. However, the witness C who observed the situation from the beginning to the end, clearly stated that “the Defendant was at the time of drinking the victim two times, while the victim did not have any assaulting the Defendant,” and such statement is consistent with the victim’s statement in light of the physical nature of the statement, the attitude of testimony, the relationship between the witness and the Defendant and the victim, etc.

Based on such factual basis, the Defendant’s act may be assessed on the basis of the exercise of physical force against the body of the victim beyond the act of resistance against the victim’s attack or the act of ppuri the victim’s attack. Thus, the Defendant’s above assertion by the Defendant is rejected.

3. The defendant's appeal is dismissed.